Aakash Gupta @ Baba Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:23024

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11987 of 2024

Applicant :- Aakash Gupta @ Baba Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vikas Chauhan,Sheo Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Sheo Prakash Singh, the learned counsel for the applicant, and Sri Diwakar Singh, the learned AGA for the State and perused the records.

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Counter affidavit, filed by the learned AGA, and the supplementary affidavit, filed on behalf of the applicant, are taken on record.

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This is first application seeking release of the applicant on bail in Case Crime No.0106/2024, under Sections 302/120-B, 504, 506 and 34 IPC, Police Station Patti, District Pratapgarh.

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The aforesaid case has been registered on the basis of an FIR lodged on 21.03.2024 against three unknown persons, stating that while the informant's brother was going with his son to drop him to his college on his motorcycle, three unknown persons shot at his chest. Son of the deceased tried to catch the assailants but they escaped while brandishing their weapons and threatening to kill the person.

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The postmortem examination report mentions a single fire arm injury on chest of the deceased and cause of death was opined to be ante mortem firearm injury.

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The State has filed a counter affidavit annexing therewith

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copies of statements recorded during investigation and a copy of the charge sheet submitted on 12.06.2024. During investigation it came to light that son of the deceased, who was accompanying him at the time of the incident, had himself conspired for killing of his father with the assistance of his friends, including the applicant, and they had hired three persons, who have given effect to the incident. It has come to light that Rs. 45,000/- had been transferred from the bank account of father of Shubham Soni in two transactions but the learned AGA could not point out as to in whose account this money had been transferred.

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Copies of statements of PW-1 and PW-2 recorded by the trial court had been brought on record along with the supplementary affidavit. PW-1 is the informant, who has not witnessed the incident and he merely reiterated the FIR version. PW-2 Siraj Ahmad also has not witnessed the incident and no significant fact has come to light in this examination by the trial court. The deceased's son Saif, who has been made an accused, has been granted bail treating him to be juvenile.

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Learned counsel for the applicant has submitted two coaccused persons, namely, Priyanshu @ Golu and Shubham Soni have already been enlarged on bail by this Court by means of orders dated 05.04.2025 passed in Criminal Misc. Bail Application Nos. 576 of 2025 and 565 of 2025.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation against the applicant is having been involved in a conspiracy with the deceased's son; that the only evidence to support the allegation of involvement in commission of conspiracy is transfer of Rs. 45,000/- in two transactions from the bank account of father of Subham Soni and the learned AGA could not point out as to

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whom the amount had been transferred and as to how this transfer of amount connects the applicant with the commission of the offence and the applicants are young man aged 20 years having no criminal history and he is languishing in jail since 01.04.2024 and two co-accused persons, namely, Priyanshu @ Golu and Shubham Soni have already been enlarged on bail, I am of the view that the applicant is also entitled to be released on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant- Aakash Gupta @ Baba be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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[Subhash Vidyarthi, J.]

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Order Date :- 23.4.2025 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Aakash Gupta @ Baba v. State of U.P. Thru. Prin. Secy. Home Lko.

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Aakash Gupta @ Baba v. State of U.P. Thru. Prin. Secy. Home Lko.

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