Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 26727 (ALL)

RAKESH GUPTA ALIAS ROMIT AND ANOTHER v. STATE OF U.P.

BAIL/8081/2025 · 2025-03-23

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:42596 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8081 of 2025 Applicant :- Rakesh Gupta Alias Romit And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shriprakash Shrivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicants Rakesh Gupta alias Romit & Sujeet Kumar with a prayer to release them on bail in Case Crime No.0024 of 2025, under Sections 305, 331(4) & 317(2) B.N.S., P.S. GIDA, District Gorakhpur during pendency of the trial. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. In pursuance of present FIR, three accused persons arrested with theft materials. Co-accused Vijay Kumar and Sujeet Kumar have not named the applicants. It is stated in the recovery memo that the applicants were trying to run away from the spot and they were arrested while running away from the spot. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicants are not a previous convict. The applicants are languishing in jail since 22.01.2025 and in case they are enlarged on bail they will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the bail prayer of the applicants. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicants, Rakesh Gupta alias Romit & Sujeet Kumar, who are involved in the aforesaid case crime, be released on bail on his furnishing a personal bond 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicants shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 24.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad