Gaurav Thapa Vs State of U.P.

Neutral Citation No. - 2025:AHC:131768

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18319 of 2025

Applicant :- Gaurav Thapa Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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Learned counsel for the applicant submits that the applicant is named in the F.I.R. along with four other persons. The FIR was lodged on the basis of inquiry report wherein no specific role has been assigned to the applicant and he has been implicated merely because he was Block Programme Manager. He further submitted that there is no material to show that any amount has been credited to the account of the applicant and inquiry report itself shows that amount has been credited in the account of co-accused Ashok Kumar, who has already been enlarged on bail. One other accused Neeraj Awasthi has also been enlarged on bail and as the case of applicant is not on the worse footing than that of the aforesaid co-accused, therefore, applicant may also be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is languishing in jail since 09.04.2025, with no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the submissions made by learned counsel for the applicant.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicant-Gaurav Thapa, be enlarged on bail in Case Crime No. 0138 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2), 316(5) of B.N.S., Police Station- Fatehabad, District- Agra, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the 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 threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

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Order Date :- 4.8.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Gaurav Thapa v. State of U.P.

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