AJAY KUMAR GUPTA @ CHHOTU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND 3 OTHERS
BAIL/4026/2025 · 2025-05-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139258 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139258 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27279 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4026 of 2025 Applicant :- Ajay Kumar Gupta @ Chhotu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 3 Others Counsel for Applicant :- Ram Achal Gupta,Abhishek Shukla,Ganga Prasad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ram Achal Gupta, learned counsel for the applicant, Sri Alok Kumar Tiwari, learned Additional Government Advocate for the State and Sri Harsh Mohan, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0190 of 2024, under Sections 352, 351(2), 65(1) B.N.S., Section 4(2) of Protection of Children from Sexual Offences Act, 2012 and Section 3(1)da, 3(1)dha, 3(2)va S.C./S.T. Act, registered at Police Station Dileeppur, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.12.2024 against the applicant and two unknown persons stating that while the informant's daughters were returning from beauty parlour in the evening of 11.12.2024 the applicant enticed away both of them. The younger daughter somehow came back. 4. In the statement of the younger daughter of the informant, she reiterated the F.I.R. version. In the statement of the elder daughter of informant recorded under Section 180 BNSS she
stated that she is aged about 20 years, she was in a relationship with the applicant for the past two years and she has married the applicant out of her own freewill. She categorically stated that no misdeed has been committed against her and she wants to live with the applicant only. A similar statement was given by her before the Magistrate also. 5. The medico legal examination report of the younger daughter of the informant does not revealed anything of significance. 6. The affidavit in support of the bail application has been filed by the informant's elder daughter and one of the alleged victims of the offence and she has stated that the applicant is her husband and that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 7.
The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on
02.03.2025. 8. The learned counsel for the informant has not disputed the fact that the informant's elder daughter has married the applicant and she herself has prayed for the applicant's release on bail. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the peculiar facts of the case coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 16.02.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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 crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Ajay Kumar Gupta @ Chhotu be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 9.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench