Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:98989 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20965 of 2025 Applicant :- Shivam Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar,Vimlendu Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Manoj Kumar and Sri Harsh Tiwari, Advocate holding brief of Sri Vimlendu Tripathi, learned counsel for the applicant, Sri Akhilanand Mishra, learned counsel appearing on behalf of informant and learned A.G.A. for the State and perused the record.
2. By means of this bail application, applicant seeks bail in Case Crime No.292 of 2025, under Sections- 318(4), 338, 336(3), 340(2), 61(2) BNS, Police Station- Sahajanwa, District- Gorakhpur, during pendency of trial.
3. It is submitted by learned counsel for applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. The firm which is supplying scrap to the company of first informant is of the father of applicant and applicant is neither the proprietor of the said firm, nor he looks after the business of the firm. It is further submitted that the instant matter is purely civil in nature and just to put undue pressure upon applicant and his father, this matter has been dragged into criminal litigation. The applicant is having no criminal history to his credit and he is languishing in jail since 19.05.2025. In case the applicant is released on bail, he will not misuse the said liberty.
4. Per contra, learned A.G.A. and learned counsel for informant have vehemently opposed the prayer made in the bail application, but he could not dispute the aforesaid facts.
5. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of
learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant- Shivam Gupta, involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing.
7. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.6.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad