SUNIL GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/755/2025 · 2025-09-23
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119434 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119434 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 755 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Pramod Kumar Singh, learned counsel for the applicant, Shri Angad Kumar Vishwakarma, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.599 of 2019 under Sections 307/504/506 of I.P.C. registered at Police Station- Lalganj, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by the Station House Officer against the applicant and two unknown persons stating that the three persons riding a motorcycle started running away upon seeing the police and when the police tried to stop them, one of those persons fired at the police party. The police fired retaliatory shots due to which the applicant got injured. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 5. The applicant's involvement in 29 other cases has been disclosed in a chart annexed with the affidavit filed in support of the bail application as Annexure No.4, in 26 of which he has been granted bail and in rest of the cases, the applicant has not filed application for his release on bail. 6. The applicant is languishing in jail since 31.08.2019 and as per the telephonic instructions provided to him, the learned counsel for the applicant had made a statement that not even a single prosecution witness has been examined till date. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet. There is no Versus Counsel for Applicant(s) : Pramod Kumar Singh Counsel for Opposite Party(s) : G.A. Sunil Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
averment regarding progress of the trial in the counter affidavit. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although it is alleged that the applicant had fired at the police party, the only person who has received injury in the incident is the applicant himself and that the applicant is languishing in jail since 31.08.2019 and not even a single prosecution witness has been examined, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Sunil Gupta be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 23, 2025 -Amit K- BAIL No. 755 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench