Allowed¶11

Rahul Gautam v. State of U.P.

Allahabad HC4 Apr 2025BAIL/10841/2025

Case brief

AI extract

What is this about?

Rahul Gautam bail allowed; CRL.M.C./Criminal Misc. Bail Application No. 10841 of 2025; High Court of Judicature at Allahabad; Justice Ashutosh Srivastava; decided 4.4.2025; Section 483 BNSS 2023; Sections 191(2), 191(3), 190, 109(1), 117(4) BNS 2023; Case Crime No. 326 of 2024; P.S. Madhuban Bapudham; District Ghaziabad; State of U.P.; not named in FIR; injured did not disclose applicant's name; chargesheet submitted; in custody since 28.01.2025; no criminal antecedent; personal bond and two reliable sureties; bail conditions; cancellation on breach.

What did the court decide?

Enlargement on bail: accused-applicant Rahul Gautam to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions stated in the order. ¶11

Rahul Gautam vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether accused-applicant Rahul Gautam, charged in Case Crime No. 326 of 2024 under Sections 191(2), 191(3), 190, 109(1) and 117(4) of the Bharatiya Nyaya Sanhita, 2023 (P.S. Madhuban Bapudham, District Ghaziabad), should be enlarged on bail.

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Court's answer

Considering the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witness and prima facie case, but without commenting on the merits, a case for bail is made out.

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Ratio / Principle

The bail application is allowed; the accused-applicant Rahul Gautam is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions (non-tampering with evidence, no criminal activity, no pressurising/intimidation of prosecution witnesses, regular appearance on trial-court dates).

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Key takeaways

In the event of breach of any of the bail conditions, the court below is at liberty to proceed to cancel the bail.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ashutosh Srivastava, J.), Order Date 4.4.2025 — CRIMINAL MISC. BAIL APPLICATION No. 10841 of 2025: Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by accused-applicant Rahul Gautam seeking enlargement on bail in Case Crime No. 326 of 2024, under Sections 191(2), 191(3), 190, 109(1), 117(4) of the Bharatiya Nyaya Sanhita, 2023, P.S. Madhuban Bapudham, District Ghaziabad — ALLOWED. Counsel for applicant urged that the applicant is not named in the FIR, the injured himself has not disclosed the applicant's name, the chargesheet has already been submitted, the applicant is languishing in jail since 28.01.2025, has no criminal antecedent, and there is no likelihood of fleeing from justice or tampering with evidence; learned AGA opposed. Without commenting on the merits, the Court held a case for bail was made out and ordered release on a personal bond and two reliable sureties each, subject to conditions: (1) not tamper with evidence; (2) not indulge in criminal activity; (3) not pressurise/intimidate prosecution witnesses and cooperate in trial; (4) appear regularly on every date fixed by the trial court unless exempted through counsel; breach entitles the court below to cancel the bail.

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Neutral Citation No. - 2025:AHC:47573

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10841 of 2025

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Applicant :- Rahul Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Anupama Tripathi,Rakesh Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Rakesh Kumar Tripathi, learned counsel for the applicant, Sri S.K. Ojha, learned AGA-I for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Rahul Gautam, seeking enlargement on bail in Case Crime No. 326 of 2024, under Sections 191(2), 191(3), 190, 109(1), 117(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Madhuban Bapudham, District- Ghaziabad.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 28.01.2025. Learned counsel for the applicant submits that the applicant is not named in the FIR. The injured himself has not disclosed the name of the applicant. Learned counsel for the applicant further submits that chargesheet has already been submitted in the matter and no useful purpose would be served by detaining the applicant. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer for bail.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Rahul Gautam , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 4.4.2025 Anjali

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Rahul Gautam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rahul Gautam v. State of U.P.

Case brief

What is this about?

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What the court decided

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