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2025 DAILYLAW 54427 (ALL)

KUMAR GURU KAPOOR @ KAMMO v. STATE OF U.P.

BAIL/15247/2025 · 2025-05-06

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74142 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15247 of 2025 Applicant :- Kumar Guru Kapoor @ Kammo Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Srivastav,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed under Section 483 of BNSS, seeking bail in Case Crime No. 82 of 2025, under Sections 318 (4), 338, 336 (3), 340 (2), 61 (2) of BNS, Police Station - Shahganj, District-Agra. 2. Learned counsel appearing on behalf of the applicant submitted that applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that similarly placed co-accused Chitra Singh has already been granted bail by this Court vide order dated 15.04..2025 passed in Criminal Misc. Bail Application No. 12096 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has no previous criminal history and he is languishing in jail since 23.03.2025. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 4. Heard Sri Rajesh Kumar Srivastava, learned counsel for the applicant and Sri Shashi Kant Rai, learned AGA and perused the material available on record. 5. Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused Chitra Singh has already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant-Kumar Guru Kapoor @ Kammo who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 7.5.2025 AKT (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad