Vivek Shah Gupta vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Vivek Shah Gupta vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: applicant to be released, without delay, on a personal bond with two sureties of the requisite amount to the satisfaction of the trial court in FIR/Crime No. 728 of 2023 under Sections 382 and 411 IPC, subject to conditions (i)-(v) (non-tampering with evidence, non-intimidation of witnesses, attendance on every hearing date, no misuse of bail liberty, no threatening of witnesses); breach of any condition entitles the trial court to cancel the bail bonds.

Issue for consideration

Whether applicant Vivek Shah Gupta, arraigned in FIR/Crime No. 728 of 2023 under Sections 382 and 411 of the Indian Penal Code, should be released on bail by this Court. +1 more

Court's answer

Without expressing any unnecessary opinion on the merits, the applicant was ordered to be released on bail in the above-mentioned offence on furnishing a personal bond and two sureties of the requisite amount to the satisfaction of the court below, without any delay, subject to the conditions set out in the order.

Ratio / Principle

Taking a holistic view of the facts and circumstances available on record, the nature of the allegations, and the absence of any likelihood of the applicant tampering with the evidence or threatening witnesses, the Court found it appropriate to release the applicant on bail.

Key takeaways

Release on bail was made subject to five conditions: (i) no tampering with prosecution evidence during investigation or trial; (ii) no intimidation or inducement of prosecution witnesses, complainant or informant; (iii) compliance with court orders and presence on every fixed hearing date without unnecessary adjournment, cooperating honestly in trial; (iv) no misuse of the liberty of bail and no involvement in any criminal activity or commission of any offence; and (v) no direct or indirect threat, inducement or promise to witnesses or any person acquainted with the facts of the case so as to dissuade them from disclosing facts to the court.ratio¶13
Upon breach of any of the stated conditions, the trial court is free to cancel the bail bonds of the applicant.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Coram: Dr. Gautam Chowdhary, J.) allowed Criminal Misc. Bail Application No. 10697 of 2025 preferred by Vivek Shah Gupta seeking release on bail in FIR/Crime No. 728 of 2023 under Sections 382 and 411 of the Indian Penal Code (police station and district as named in the application). Balancing the nature and gravity of the allegations against the absence of any likelihood that the applicant, if released, would tamper with the evidence or threaten witnesses, the Court held enlargement on bail appropriate. The applicant - stated by counsel to be in custody since 20.02.2024 and willing to cooperate with the investigation and furnish sureties as directed - was ordered released, without delay, on a personal bond with two sureties of the requisite amount to the satisfaction of the court below, subject to undertakings: (i) not to tamper with prosecution evidence; (ii) not to intimidate or induce prosecution witnesses, complainant or informant; (iii) to obey court orders and appear on every appointed hearing date and cooperate honestly in trial; (iv) not to misuse the liberty of bail nor engage in criminal activity or commit any offence; and (v) not to threaten, induce or promise witnesses or persons acquainted with the case facts so as to deter disclosure. On breach of any condition the trial court is empowered to cancel the bail bonds. Order dated 25.7.2025; Neutral Citation 2025:AHC:122841.