SHIVA GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.
BAIL/9118/2025 · 2025-09-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165559 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165559 (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. - 9118 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Pragati Gautam, the learned counsel for the applicant as well as Mohd. Asif Khan, 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. 538 of 2024, under Sections 191(2), 191(3), 190, 115(2), 351(3), 117(2), 309(6), 109(1) B.N.S, registered at Police Station Para, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 16.09.2024 against nine named persons, not including the applicant, and 5-6 unknown persons, stating that all the accused persons had assaulted the informant. 4. The F.I.R alleges that co-accused Shankar had assaulted on the informant's head with a banka. Abhay had assaulted on his hand with hammer, Zuber had threatened him with a pistol and co-accused Anurag had assaulted on his head with a knife. The injury report does not mention any incised wound on the head of the informant. The applicant has been implicated in this case by the statement of informant wherein he has stated that the applicant was also involved with the other co-accused persons but he did not level any specific allegation against the applicant. 5. 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 Versus Counsel for Applicant(s) : Mohd. Zishan, Aakil Khan Counsel for Opposite Party(s) : G.A. Shiva Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s)
present case and he has no criminal history. 6. The learned counsel for the applicant has submitted that co-accused Shankar has already been granted bail by means of an order dated 05.03.2025 passed by the Coordinate Bench of this Court in Criminal Misc. Bail Application No. 639 of 2025. 7. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in two criminal cases, in on case, he has not received any summon and in the other case, charge-sheet has not been submitted in the trial court. 8.
The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 31.07.2025. 9. Having considered the aforesaid facts and circumstances 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Shiva 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. September 26, 2025 V. Sinha BAIL No. 9118 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench