Shailendra Gupta Alias Shailu vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Shailendra Gupta Alias Shailu vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Shailendra Gupta alias Shailu on bail in Case Crime No. 161 of 2025 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to: (i) appearance before the trial court on fixed dates unless personal presence exempted; (ii) no direct or indirect inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police or tamper with evidence; (iii) no indulgence in criminal or anti-social activity; upon breach of any condition, prosecution at liberty to apply to this Court for cancellation of bail.

Issue for consideration

Whether applicant Shailendra Gupta alias Shailu, charged in Case Crime No. 161 of 2025 (P.S. Sadar, District Agra) under Sections 3/25(1)(AA)/25(7)(1)/7/29 Arms Act and Section 111(2)(Kha) B.N.S., should be released on bail during pendency of the trial. +1 more

Court's answer

Despite recovery of one country made pistol, one another pistol and five cartridges from the applicant, his case stands on even better footing than co-accused Adil, from whom two country made pistols and 50 cartridges were recovered and who had already been released on bail by this Court.

Ratio / Principle

The Court took into account that the applicant has no previous criminal history and has been in jail since 21.03.2025.

Key takeaways

Considering the facts and circumstances discussed, the Court concluded that the applicant is entitled to be released on bail.ratio¶15
Without expressing any opinion on the merits of the case, the Court allowed the bail application and directed release on a personal bond with two sureties each in the like amount, subject to conditions of appearance on trial dates, abstention from inducement/threat/promise or tampering with evidence, and abstention from criminal or anti-social activity, with liberty to the prosecution to seek cancellation upon breach.ratio¶16
The Court clarified that its observations are limited to the facts brought in by the parties pertaining to disposal of the bail application and shall have no bearing on the merits of the case during trial.

Detailed headnote1 paragraphs

BAIL GRANTED — High Court of Judicature at Allahabad (Court No. 66), Single Judge: Hon'ble Sameer Jain, J.; CRIMINAL MISC. BAIL APPLICATION No. 13556 of 2025; Order Date 9.5.2025 (Neutral Citation 2025:AHC:75272). Applicant Shailendra Gupta alias Shailu, in jail since 21.03.2025 with no previous criminal history, sought bail during pendency of trial in Case Crime No. 161 of 2025, P.S. Sadar, District Agra, under Sections 3/25(1)(AA)/25(7)(1)/7/29 Arms Act and Section 111(2)(Kha) B.N.S. Alleged recoveries from the applicant: one country made pistol, one another pistol and five cartridges; whereas from co-accused Adil two country made pistols and 50 cartridges were recovered, and Adil stood already released on bail by this Court vide order dated 1.5.2025 in Criminal Misc. Bail Application No. 13571 of 2025, with which counsel claimed parity on facts. Learned AGA opposed but could not dispute the parity argument. Finding the applicant's case even on better footing than Adil's, and noting his clean antecedents and custody since 21.03.2025, the Judge held him entitled to bail and allowed the application without expressing any opinion on merits; release ordered on personal bond and two sureties each in the like amount, subject to three conditions (appearance on fixed trial dates; no inducement/threat/promise to dissuade disclosure or tamper with evidence; no criminal or anti-social activity), breach permitting the prosecution to seek cancellation before this Court; observations expressly confined to disposal of the bail application, bearing no relation to trial merits.