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2025 DAILYLAW 58974 (ALL)

SURAJ GUPTA v. STATE OF U.P.

BAIL/16834/2025 · 2025-05-22

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88033 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16834 of 2025 Applicant :- Suraj Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav,Vishal Jaiswal 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.450 2024, under Sections 191(2), 115(2), 109(3)(5) of B.N.S., Police Station - Shahpur, District - Gorakhpur. 2. Learned counsel appearing on behalf of the applicant has submitted that the 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 investigation has been completed and charge sheet has been filed on 25.04.2025. It is also submitted that out of five accused persons, four have already been enlarged on bail by Co-ordinate Bench of this Court. The bail orders have been annexed at Annexure - 7 of the paper book. It is further submitted that similarly placed co-accused persons, Vicky Sonkar, Mohit Kumar Singh, Ankit and Abhishek Kumar have already been granted bail by Co-ordinate Bench of this Court vide orders dated 02.05.2025, 25.11.2024, 13.11.2024 and 05.05.2025, respectively and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 18.04.2025. 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 Vishal Jaiswal, learned counsel for the applicant, Sri Shashi Kant Rai, learned AGA for the State and perused the material available on record. 5. Taking into consideration the aforesaid reasons as stated above and the fact that similarly placed co-accused persons, Vicky Sonkar, Mohit Kumar Singh, Ankit and Abhishek Kumar have already been granted bail by Co-ordinate Bench of 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 - Suraj Gupta who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees 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 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 :- 23.5.2025 AKT (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad