BASANT RAJ GUPTA ALIAS BANTU SANATANI v. STATE OF U.P.
BAIL/16276/2025 · 2025-05-26
Mayur Jain Jt Registrar J Listing
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 55805 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55805 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:90365 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16276 of 2025 Applicant :- Basant Raj Gupta Alias 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. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 165 of 2024, under Sections 420, 467, 468 , 471 I.P.C., Police Station Talbehat, District Lalitpur. 2. Learned counsel appearing on behalf of 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 the advise of applicant, informant has transferred Rs. 1 lakh to the account of co-accused Jagdish Kushwaha and thereafter, he has issued forged and fabricated documents to the complainant for the purpose of giving appointment in the government department. 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 Nos. 162 of 2024 and 0068 of 2024 by this court vide order dated 01.05.2025 and 16.05.2025 respectively 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. 3. 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. 4. Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant as well as Sri S. K. Ojha, learned A.G.A. appearing on behalf of the State and perused the contents made in the first information report as well as material placed on record. 5. 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 issued certain forged documents for the purpose of giving the appointment in the government department to the complainant alongwith other co-accused persons. Applicant has already been enlarged on bail in other Case Crime Nos. 162 of 2024 and 0068 of 2024 by this court vide order dated 01.05.2025 and 16.05.2025 respectively on the similar allegation for making forged document in lieu of taking money. 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. 6. 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 allow the bail application. Accordingly, the bail application is allowed. 7. Let the applicant- Basant Raj Gupta Alias Bantu Sanatani, who is involved in 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 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.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad