ANSHU GUPTA v. STATE OF U.P. THRU. SECY. HOME U.P. LKO.
BAIL/10560/2025 · 2025-10-31
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178359 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178359 (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. - 10560 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 339 of 2025, under Sections- 3/5, 109(1) B.N.S., Police Station-Kotwali Dehat, District-Hardoi. 3. While pressing the instant application, learned counsel for the applicant stated that the applicant is innocent and he has falsely been implicated in the present case. 4. It is further stated that as per the FIR in issue i.e. FIR/Case Crime No. 0339/2025 lodged at Police Station- Kotwali Dehat, District- Hardoi, seven persons including the applicant caused firearm injury to Shamin s/o Rajjaq, who sustained only one gunshot injury, as such, general role has been assigned to all the accused and it is also not clear from the FIR that who caused the firearm injury. 5. It is further stated that co-accused namely Rajat Gupta @ Gabbar has already been enlarged on bail by this Court vide order dated 28.10.2025 passed in Criminal Misc. Bail Application No. 10033 of 2025. 6. It is further stated that injured witness has assigned general role to all the accused, however, the alleged eye-witnesses namely Naushad s/o Yaseen and Saddam s/o Alisher have assigned role of causing firearm injury to co- Versus Counsel for Applicant(s) : Sushil Kumar Gupta Counsel for Opposite Party(s) : G.A. Anshu Gupta .....Applicant(s) State Of U.P. Thru. Secy. Home U.P. Lko. .....Opposite Party(s)
accused Munnu. 7. It is submitted that considering aforesaid, the applicant, who is in jail since 06.07.2025, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail. 8. Learned A.G.A. opposed the prayer of the applicant. However, she could not dispute the above contentions made by the applicant's counsel including that co-accused have been released on bail. 9.
Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the fact that co-accused Rajat Gupta @ Gabbar has already been released on bail by the court concerned as well as the role attributed to the applicant and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 10. Let the applicant be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). iv) The applicant shall not commit an offence. (v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. BAIL No. 10560 of 2025 2
(vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.
11. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 12.
As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. October 31, 2025 R.C.
BAIL No. 10560 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench