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2026 DAILYLAW 15817 (ALL)

MOHIT KUMAR GUPTA ALIAS MOHIT GUPTA v. STATE OF U.P.

BAIL/35897/2026 · 2026-10-06

Krishan Pahal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35897 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Lavkush Kumar Bhatt, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.210 of 2026, under Sections 109(1), 352, 61(2) B.N.S. and Section 3/25/27 Arms Act, Police Station Ghiror, District Mainpuri, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about 18 hours and there is no explanation of the said delay caused. It is true that the injured sustained two gun shot injuries that are on upper limb but the said injuries are not on the vital part of the body and not dangerous to life. The injuries sustained by the injured can be manufactured and self-inflicted. The applicant has no criminal history and is in jail since 31.07.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. 6. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Lavkush Kumar Bhatt Counsel for Opposite Party(s) : G.A. Mohit Kumar Gupta Alias Mohit Gupta .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the parties, the evidence on record, taking into consideration the fact that injuries sustained by the injured person are not on the vital part of the body and not dangerous to life and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Mohit Kumar Gupta Alias Mohit Gupta, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. October 7, 2026 Ashok Gupta BAIL No. 35897 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad