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2025 DAILYLAW 88761 (ALL)

JEETU GUPTA v. STATE OF U.P.

BAIL/29573/2025 · 2025-09-10

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29573 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri H. K. Yadav, Advocate holding brief of Shri Vijay Pal Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 109/2025, under Sections 87, 75(1)(i), 109, 110, 352 of BNS, P.S.- Badosa, District- Banda, during the pendency of trial. 4. As per prosecution story, on 30.06.2025, the applicant, who is brother- in-law of the elder sister of informant has assaulted upon the informant on the way. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about five days and there is no explanation of the said delay caused. There is no mention of the crime of the offence in the FIR which itself has been instituted by the victim as an after though. It is true that two injuries were found on vital part of the body but none of them was dangerous to her life. There is no supplementary examination report but the victim did not agree to get her X-ray done, as such it is a clear cut case of false implication. There is no criminal history of the applicant. The applicant is languishing in jail since 13.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the Versus Counsel for Applicant(s) : Krishna Mohan Gupta, Vijay Pal Singh Counsel for Opposite Party(s) : G.A. Jeetu Gupta .....Applicant(s) State of U.P. .....Opposite Party(s) liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that injured victim itself has instituted the FIR after delay of five days applicant is the relative of the victim 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. 8. Let the applicant- Jeetu Gupta, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 11, 2025 Sharad/- BAIL No. 29573 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad