BASANT RAJ @ GUPTA @ BANTU SANATANI v. STATE OF U.P.
BAIL/15706/2025 · 2025-05-15
Mayur Jain Jt Registrar J Listing
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 55836 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55836 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:81268 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15706 of 2025 Applicant :- Basant Raj @ Gupta @ 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. The instant bail application has been filed under Section 483 of BNSS, seeking regular bail in Case Crime No.0068 of 2024, under Sections 420, 467, 468, 471 IPC, Police Station - Narahat, District - Lalitpur during pendency of trial.
2. Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is further submitted that applicant has been falsely implicated in the instant case due to ulterior motive. It is also submitted that criminal history of nine cases has been explained in paragraph 24 of the paper book. It is further submitted that after completion of investigation, charge sheet has been filed on 26.09.2024 and the court concerned has taken cognizance on 28.09.2024. It is further submitted that similarly placed co-accused, Basant Raj Gupta @ Bantu Sanatani has already been granted bail by co-ordinate Bench of this Court vide order dated 01.05.2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. Applicant is languishing in jail since 01.07.2024.
3. Taking into consideration the aforesaid facts, it is prayed by
learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by
learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard Sri Nanhe Lal Tripathi, learned counsel appearing on behalf of applicant and Sri S.K. Ojha, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 6. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that after completion of investigation, charge sheet has been filed and the court concerned has also taken cognizance; criminal history of nine cases has already been explained; co-accused has already been enlarged on bail; applicant is languishing in jail for about one year, there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant would be enlarged on bail he will influence the trial or the witnesses. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Basant Raj @ Gupta @ Bantu Sanatani, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand)
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. 9.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.)
Order Date :- 16.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad