TEJ BAHADUR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/7802/2025 · 2025-08-21
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158855 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158855 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:49158 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7802 of 2025 Applicant :- Tej Bahadur Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Amar Nath Dubey,Ankit Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Amar Nath Dubey, the learned counsel for the applicant as well as Sri Angad Kumar Vishwakarma, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 133 of 2024, under Sections 363 368 I.P.C, registered at Police Station Fatanpur, District Pratapgarh. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 26.06.2024 against an unnamed person, stating that complainant/informant's daughter aged 15 years had gone missing on 17.06.2024. 4. In the statement of the complainant recorded by the Investigating Officer on 27.06.2024, he stated that after his daughter had gone missing he made inquiries from his relatives and other acquaintances but he could not get any information about her. 5. In the additional statement of the complainant recorded by the Investigating Officer on 01.12.2024 also, he stated that he had made inquires from his relatives but could not get any information about his daughter. 6. The Investigagting Ofifcer has recoded in the case diary on 25.04.2025 that the informant gave an application stating that his daughter had gone missing on 17.06.2024 and now he had come to know that the applicant was instrumental behind his daughter having gone missing. The Investigating officer has made inquiries in the locality and recorded in the case diary some persons had told contention of anonymity that the applicant was in a relationship with a woman and that woman had made him talk to the victim. Also on one to
two occasions. The victim was fond of singing and dancing and it is possible that the applicant might have made her disappear. The Investigating Officer has recorded that when those persons were asked to give statement, they disbursed. Thereafter, the statement of one Rakesh Kumar Bind was recorded on 17.06.2025 and he stated that he had seen the applicant taking away the victim with him. He had followed the applicant and had given this information to the complainant. 7.
In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 8. The learned A.G.A. has opposed the bail application and he has submitted that the investigation against the applicant in the present case is still going on. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact the complainant has lodged the FIR against unnamed person; the informant/complainant has stated in his statement recorded on 27.06.2024, as well as in the additional statement recorded on 01.12.2024 that he could not get any information about his daughter, in spite of having made inquiries from several persons; on 25.04.2025, the complainant stated that he has come to know that the applicant has made his daughter disappear, but he did not disclose the source of this information and, thereafter on 17.06.2024, a witness Rakesh Kumar Bind has stated that he had seen the applicant taking away the victim and had given this information to her father (complainant) yet there is no mention of this fact either in the F.I.R or in the statement and additional statement of the complainant recorded by the Investigating Officer, coupled with the fact that the applicant has no preivous criminal history and he is languishing in jail since 18.06.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11.
Let the applicant- Tej Bahadur Gupta be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 21.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench