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2025 DAILYLAW 34928 (ALL)

NEERAJ GUPTA v. STATE OF U.P.

BAIL/10569/2025 · 2025-04-28

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66857 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10569 of 2025 Applicant :- Neeraj Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Dhar Shukla Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that F.I.R. was lodged in unknown with the allegation that some unknown persons riding in a car intercepted the truck loaded with 490 sacks weight and after unloading the weight returned the truck to the driver. Learned counsel further submits five persons were apprehended by the police including the applicant and from their possession stolen weight was recovered along with other items. Such recovery is implanted upon the applicant as there is no independent witness of the alleged recovery. Two co-accused, Brijesh Singh and Shreshtha Yadav, who were also arrested along with the applicant have already been enlarged on bail. The case of applicant is not on the worse footing than that of the aforesaid co-accused who have been enlarged on bail. As to the criminal history, that has been explained. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 10.01.2025. 3. Learned A.GA. for the State has opposed the prayer for bail but he has not disputed the above submissions made on behalf of applicant. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Neeraj Gupta, be enlarged on bail in Case Crime No. 09 of 2025, under Sections 310(2), 317(3)2) of B.N.S., Police Station- Bakhira, District- Sant Kabir Nagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 29.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad