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2025 DAILYLAW 19321 (ALL)

BASANT RAJ GUPTA @ BANTU SANATANI v. STATE OF U.P.

BAIL/5308/2025 · 2025-04-30

Mayur Jain Jt Registrar J Listing

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:68809 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5308 of 2025 Applicant :- Basant Raj Gupta @ Bantu Sanatani Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Learned counsel for the applicant is permitted to correct the section in the memo of instant application under which the application has been filed, during the course of the day. 2. Supplementary affidavit filed on behalf of applicant, is taken on record. 3. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 162 of 2024, under Sections 420, 467, 468 , 471 I.P.C., Police Station Talbehat, District Lalitpur. 4. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive.The allegation against the applicant is that on advise, applicant has transferred Rs. 1 lakh to the account of co-accused Jagdish Kushwaha and thereafter, issued forged and fabricated documents. It is further submitted that on similar situated facts five first information reports have been registered against the applicant. Learned counsel further submitted that nine cases have been registered against the applicant which has been explained in para-23 of the affidavit filed in support of the bail application. It is further submitted that applicant has already been enlarged on bail in other Case Crime No. 114 of 2024 by the co-ordiante Bench of this court vide order dated 19.03.2025 on the similar allegation for making forged document in lieu of taking money. Learned counsel further submitted that applicant is languishing in jail since 01.07.2024 and it is also undertaken on his behalf that he will abide by all terms and conditions as imposed by this Court while granting bail. 5. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application. However, he has not contradicted the facts as stated above by learned counsel for the applicant. 6. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 7. Applicant is languishing in jail since 01.07.2024. It is alleged in the first information report that in lieu of taking money, applicant has forged certain documents for the purpose of giving the appointment in the government department to the complainant alongwith other co-accused persons. The charge sheet has already been filed in the instant matter on 29.09.2024 and cognizance has been taken by the competent Court. There are very dim chance of completion of trial in near future. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. No material brought on record by the learned A.G.A. that applicant will not co-operate in trial and he may influence the witnesses. 8. Taking into consideration all entirety of the matter as discussed above and the reason as stated above, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 9. Let the applicant- Basant Raj Gupta @ Bantu Sanatani, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 1.5.2025/AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad