Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 34586 (ALL)

DEEPU GUPTA v. STATE OF U.P.

BAIL/10473/2025 · 2025-04-04

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:48948 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10473 of 2025 Applicant :- Deepu Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vijay Prakash Chaturvedi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 191 of 2024, under Section 108 BNS, Police Station- Dhebarua, District- Siddharth Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that as per allegation, due to abatement of applicant daughter of the informant aged about 20 years committed suicide but entire allegation levelled against the applicant is totally false. 4. He further submitted that even except bald and verbal allegation of torture and abatement, there is no cogent evidence in this regard against the applicant. 5. He further submitted that actually, deceased and applicant both were having love affair with each other but in spite of that informant i.e. her mother settled her marriage with some other person and this fact is even evident from the statement of the informant recorded during investigation and only due to this reason, she committed suicide. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 30.12.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, due to torture of applicant daughter of the informant aged about 20 years committed suicide but this Court finds merit in the argument advanced by learned counsel for the applicant that there is no cogent evidence of abatement against the applicant on record. 10. Further, considering the statement of the informant recorded during investigation, the argument advanced by learned counsel for the applicant with regard to suicide committed by deceased cannot be ruled out at this stage. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 30.12.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Deepu 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. 15. 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. 16. 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 :- 5.4.2025/KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad