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2026 DAILYLAW 9710 (ALL)

RATAN GUPTA v. STATE OF U.P.

BAIL/31931/2026 · 2026-09-22

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31931 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Supplementary affidavit has been filed annexing additional documents in support of the bail application, the same is taken on record. 1A. Heard Sri Vinay Kumar Tripathi, learned counsel for accused applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the applicant accused- Ratan Gupta to enlarge him on bail in Case Crime No. 410 of 2024, under Sections 115(2), 109, 228, 3(5) of BNS, P.S.- Lalpur- Pandeypur, District- Varanasi during the pendency of trial. 3. It is the contention of learned counsel for accused applicant that the accused applicant has been implicated during investigation of FIR dated 26.11.2024 lodged by the mother of injured Chandan against anonymous persons. The incident is of 24.11.2024 whereas the FIR is delayed. During investigation, three names have been reflected, namely, Munna, Shashi and Ratan Gupta (present applicant). The name of the accused applicant has been figured out from the statement of the sister of the injured. There is one fire arm injury, which is attributed on the co-accused Munna, who has been granted bail by the co-ordinate Bench of this Court. It is further contended that there is no test identification parade carried out. The other two co-accused have already been granted bail. The accused applicant is on better footing. There is no complicity. He has been falsely implicated. The charge sheet has been submitted. The applicant has no criminal history. The applicant is languishing in jail since 11.2.2025. He Versus Counsel for Applicant(s) : Shakti Dubey, Vinay Kumar Tripathi Counsel for Opposite Party(s) : G.A. Ratan Gupta .....Applicant(s) State of U.P. .....Opposite Party(s) seeks enlargement of accused on bail. 4. Learned A.G.A. has opposed the bail application. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering that the name of the accused applicant has been figured out in the statement of the sister of injured, apparently the FIR is delayed and there is no test identification parade, the accused applicant is entitled to be enlarged on bail. 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. September 23, 2026 Krishna* BAIL No. 31931 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad