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2025 DAILYLAW 70250 (ALL)

NARSINGH GUPTA AND 2 OTHERS v. STATE OF U.P.

BAIL/23376/2025 · 2025-07-09

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111286 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23376 of 2025 Applicant :- Narsingh Gupta And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Kripesh Mishra Counsel for Opposite Party :- G.A.,Mani Ram Verma,Sudhir Kumar Agarwal Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Kripesh Mishra, learned counsel for the applicants, Sri Mani Ram Verma, learned counsel for the informant, Sri Sunil Kumar Kushwaha, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 399 of 2023, under Section 308, 323, 325, 504, 506 I.P.C., Police Station- Kotwali, District- Maharajganj, during the pendency of the trial. 3. Contention of learned counsel for the applicants is that applicants are innocent and they have been falsely implicated in the instant case. It is further submitted that all the offences are punishable upto 7 years. It is also submitted that applicants have no criminal antecedents to their credit. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. The applicants are law abiding citizens and they are languishing in jail since 18.06.2025. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid fact. 5. 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 reported in (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 applicants are entitled to be enlarged on bail. 6. Let the applicants- Narsingh Gupta, Vinod Gupta and Anuj Gupta involved in the aforementioned crime be released on bail, on their 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 applicants 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 applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by them. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 10.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad