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2025 DAILYLAW 156524 (ALL)

ANKIT GUPTA v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/7346/2025 · 2025-08-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46237 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7346 of 2025 Applicant :- Ankit Gupta Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Atul Verma,Nikhil Sonkar,Samanvay Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Atul Verma, learned counsel for the applicant, Shri Manish Kumar Pandey, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.56 of 2025 under Sections 191(2), 115(2), 109, 352, 351(3) of B.N.S. registered at Police Station- Sushant Golf City, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.02.2025 against the applicant, his cousin Aman and 5-6 unnamed persons, stating that while the informant's son was returning home at about 10:30 PM on 02.02.2025, some dispute took place between him and the applicant, who is a guard and other accused persons. After reaching out, the informant's son told about the incident whereupon the informant, her husband and her sister went to the accused persons. All the accused persons assaulted on the head of the informant's husband with intention to kill him. 4. In the statement of the victim recorded by the Investigating Officer, he stated that both the named accused persons and unnamed accused persons were carrying iron rods and sticks. It is recorded in the case diary that the incident was recorded in a CCTV camera, a perusal whereof showed that the applicant and other persons were present there. The other person was holding a yellow colour stick and that other person had assaulted on the head of the informant's husband twice due to which he fell down. The Investigating Officer has concluded the investigation and has submitted a charge-sheet on 02.05.2025 wherein he has mentioned that the informant has not supplied the discharge certificate. Therefore, the certified medical documents could not be put on record. 5. Learned AGA opposed the bail application and he has submitted that the victim had suffered head injury due to which he had to remain admitted in a Hospital, the offence committed by the accused person is serious in nature and the allegations have been established during investigation and charge-sheet has been submitted by the Investigating Officer. 6. Learned AGA has pointed out involvement of the application in two other criminal cases. 7. The applicant has filed a supplementary affidavit explaining that he is not an accused in both the aforesaid criminal cases. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR levelled allegations against three persons, including the applicant, after perusal of the CCTV footage, the Investigating Officer has recorded that a person who not named in the FIR had given two blows on the head of the victim; there is no evidence that the victim had suffered any other injury besides the two injuries inflicted by the other unnamed accused person; that the applicant is a young man and he is languishing in jail since 04.02.2025 whereas the investigation stands concluded, 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- Ankit 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. . [Subhash Vidyarthi, J.] Order Date :- 7.8.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench