HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13462 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard Sri Om Prakash Shukla, learned counsel for the applicant, Sri Abhinav Mukherjee holding brief of Sri Amarnath Tripathi, learned counsel for the informant, learned AGA for the State and perused the record. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 43 of 2026, under Sections 318(4), 338, 336 BNS, Police Station Lanka, District Varanasi, during the pendency of trial. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motives and extraneous considerations. The allegations levelled against the applicant are misconceived and are not supported by any cogent or credible material so as to warrant his continued incarceration. As per the prosecution case, the informant came into contact with the applicant, who is alleged to be working as a Manager in the concerned hotel and is also engaged in the business of tours and travels. It is further alleged that the applicant represented to the informant that he was engaged in the business of purchase and sale of vehicles. Believing the representation of the applicant, the informant allegedly sold his vehicle through the applicant for a consideration of Rs. 4,00,000/-, pursuant in the bank account particulars. The bank account number of the informant, from which the alleged amount of Rs. 5,00,000/- is stated to have been transferred into the account of the applicant, has been mentioned Versus Counsel for Applicant(s) : Om Prakash Shukla Counsel for Opposite Party(s) : Amarnath Tripathi, G.A. Himanshu Gupta .....Applicant(s) State of U.P. .....Opposite Party(s) differently at different places. Thus, the very source and mode of the alleged transfer are doubtful. There are also material contradictions regarding the bank account number allegedly belonging to the applicant. Thus, the very source and mode of the alleged transfer are doubtful. It is further submitted that, at this stage, there is no credible and unimpeachable evidence on record which directly connects the applicant with the commission of the alleged offence. Therefore, the custodial interrogation of the applicant is no longer required. It is also submitted that the investigation has already been concluded and the charge-sheet has been filed before the learned court concerned. Criminal history of the applicant has been explained in para 17 of the instant bail application. The applicant is languishing in jail since 12.02.2026 and has already undergone a substantial period of incarceration. The applicant undertakes to cooperate with the trial proceedings. There is no likelihood of the applicant fleeing from justice or tampering with the prosecution evidence. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Per contra, learned AGA, however, opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and submissions of learned counsel for the parties, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. Let the applicant-Himanshu Gupta 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer BAIL No. 13462 of 2026 2 or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 8, 2026 Brijesh BAIL No. 13462 of 2026 3 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad