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2026 DAILYLAW 12886 (ALL)

TUSHAR GUPTA v. STATE OF U.P.

BAIL/36075/2026 · 2026-10-07

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36075 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Lal Chandra Mishra, learned counsel for the accused- applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the accused-applicant Tushar Gupta to enlarge him on bail in Case Crime No. 84 of 2021, under Sections 489-B, 489-C IPC, P.S.- Chilla, District- Banda, during the pendency of trial. 3. It is contended by learned counsel for the accused-applicant that the F.I.R. has been lodged on 27.09.2021 by the STF with the allegation against five persons that they deal in counterfeit currency notes, when two of co-accused, namely, Jagbhan and Rajaram Prajapati were arrested along with counterfeit currency notes of 500 and 100 denomination. On their arrest and recovery of counterfeit currency, they have stated the involvement of the accused-applicant being supplier of the counterfeit currency notes. Further contended that the arrest and recovery has been made in the absence of independent witness. All the other co-accused have already been granted bail. The charge sheet is submitted. The applicant has no criminal history. The applicant is in jail since 04.07.2026 and hence, the applicant seeks to be released on bail. 4. Learned A.G.A. for State has opposed the prayer for bail of the applicant, but could not dispute the aforesaid facts. 5. This Court has taken into consideration the rival submissions made by Versus Counsel for Applicant(s) : Lal Chandra Mishra Counsel for Opposite Party(s) : G.A. Tushar Gupta .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the parties and perused the record. 6. Considered that the arrest and recovery has been made in the absence of independent witness and the name of the accused-applicant has been taken by co-accused. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. October 8, 2026 Shivangi BAIL No. 36075 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad