Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 188116 (ALL)

SUJEET GUPTA v. STATE OF U.P.

BAIL/1831/2025 · 2025-02-13

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:21569 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1831 of 2025 Applicant :- Sujeet Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashish Kumar Gupta, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.129 of 2024, under Sections 103(1), 191(2), 190 and 238 BNS, Police Station Sadat, District Ghazipur during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant was not named in the FIR but during investigation he has been made accused in the present matter as deceased was having love affair with his daughter and there is absolutely no evidence of murder against him. He further submits that after considering entire facts in detail co-accused Ashish Gupta has already been released on bail by this Court today vide Criminal Misc.Bail Application No. 1807 of 2025 and as he was named in the FIR, therefore,case of applicant is on better footing then him. 4. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 28.9.2024. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by the learned counsel for the applicant and the fact that almost similarly placed co-accused Ashish Gupta has already been released on bail by this Court and applicant is not having any previous criminal history and in the present matter he is in jail since 28.9.2024, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant-Sujeet Gupta 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 14.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad