SANJEEV KUMAR GUPTA ALIAS SANJU v. STATE OT UTTARAKHAND
BA1/540/2025 · 2025-04-08
Rakesh Thapliyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4634 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4634 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2640 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1 No. 540 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Pankaj Singh Chauhan, learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned AGA for the State.
3. Present applicant–Sanjeev Kumar Gupta alias Sanju is in judicial custody since 11.03.2025 and seeking bail in relation to FIR/Case Crime No.400 of 2008, registered on the basis of FIR dated 04.08.2008 at Police Station Rudrapur, District Udham Singh Nagar, which was lodged against some unknown person for the offence punishable under Section 457 and 380 of IPC. In this FIR, after investigation, the charge-sheet has been filed for the offence punishable under Section 412 IPC.
4.
Learned counsel for the applicant submits that the applicant was enlarged on bail on 27.08.2008, but due to non appearance of the applicant before the trial Court, non bailable warrant was issued against the applicant, and, thereafter, a warrant recall application was moved, which was rejected, and, thereafter, the applicant was taken into custody.
5.
Learned counsel for the applicant submits that due to some unavoidable circumstances, the applicant could not appear before the trial Court, though his counsel always put his appearance.
Learned counsel for the applicant assures that the applicant after being released on bail will ensure his presence on each and
2025:UHC:2640 every date before the trial Court.
6. On the other side, the State counsel have not disputed this fact that the applicant was earlier granted bail in the year 2008, but subsequently, the non bailable warrant was issued against the applicant on the ground of his non appearance.
7. After hearing the arguments, as advanced by learned counsel for the parties and further taking into
consideration that the applicant was earlier enlarged on bail, but subsequently due to some unavoidable circumstances, he could not appear before the trial Court, therefore, now this court is of the view that since the applicant undertakes to appear in each and every date before the trial Court, the applicant deserves to be enlarged on bail.
8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed.
9. Let the applicant, namely, Sanjeev Kumar Gupta alias Sanju, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
10. It is made clear that if the applicant fails to appear before the trial Court, then the trial court will proceed against him in accordance with law.
(Rakesh Thapliyal, J.) 08.04.2025 R.Bisht
2025:UHC:2640