Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:112632
Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20704 of 2025 Applicant :- Upendra Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Shukla Counsel for Opposite Party :- Diwakar Mishra,G.A.,Rajeev Kumar Shukla Hon'ble Arun Kumar Singh Deshwal,J.
1. Supplementary affidavit, filed by learned counsel for the applicant, is taken on record. 2. Heard Sri Faiyaz Khan, Advocate holding brief of Sri Diwakar Mishra, learned counsel for the applicant, Sri Sunil Kr. Kushwaha, learned A.G.A. and perused the record. 3. The instant application has been filed to enlarge the applicant on bail in case crime No. 33 of 2023, under Sections 308, 323, 324, 504, 506 IPC, P.S. Atarra, District Banda. 4. Contention of learned counsel for the applicant is that there is general allegation of beating against the applicant as well as other co-accused in a sudden brawl. It is further submitted that during investigation, the applicant cooperated, but after filing of the charge sheet, he could not appear before the trial court and for that reason the applicant has been arrested by the police. It has been further submitted that all the offences are punishable upto 7 years. The applicant has no criminal history. The applicant is a law abiding citizen and he is languishing in jail since 15.5.2025. It is further submitted that charge-sheet has already been filed, therefore, there is no requirement of custodial interrogation. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. has opposed the prayer for bail. 6. Thus, considering the entire facts and circumstances of the case as well as law laid down by the Apex Court regarding offences punishable upto 7 years in Satender Kumar Antil Vs. Central Bureau of Investigation and Another; (2021) 10 SCC 773 and Siddharth vs State of U.P. and another; (2022) 1 SCC 676 and keeping in view the nature of offence, evidence,
complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7.
Let the applicant- Upendra Kumar Gupta, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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 him from disclosing such
facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 14.7.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad