Allowed¶12

Raju Gupta v. State of U.P.

Allahabad HC7 Feb 2025BAIL/1956/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Court No. 35), CRIMINAL MISC. BAIL APPLICATION No. 1956 of 2025, Raju Gupta v. State of U.P., decided 7.2.2025 by Shekhar Kumar Yadav, J. Bail under Section 3(1) of the U.P. Gangster and Prevention of Anti-Social Activities Act, 1986 in Case Crime No.41 of 2024, P.S. Chandauli, District Chandauli; solitary gang-chart case with bail already granted; five other criminal history cases with bail; custody since 16.11.2024; bail conditions referencing Section 229-A IPC and Section 313 Cr.P.C.; counsel Dhirendra Kumar Srivastava for applicant, G.A./A.G.A. for State.

What did the court decide?

Bail granted to applicant Raju Gupta in Case Crime No.41 of 2024 on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to additional conditions imposed in the interest of justice.

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

What the court decided

AI extract

Outcome

¶12

Issue for consideration

Whether applicant Raju Gupta, arraigned in Case Crime No.41 of 2024 under Section 3(1) of the U.P. Gangster and Prevention of Anti-Social Activities Act, 1986 (Police Station Chandauli, District Chandauli), should be enlarged on bail.

¶8

Court's answer

Considering the facts and circumstances, the record, the nature of allegations and the arguments advanced, and without expressing any opinion on the merits of the case, the Court found it a fit case for granting bail.

¶11

Ratio / Principle

Applicant Raju Gupta was directed to be released on bail in the aforesaid F.I.R./case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.

¶12

Key takeaways

Bail was made subject to additional conditions: presence before the trial court on each fixed date (default exposing the applicant to action under Section 229-A IPC); personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; no tampering with prosecution witnesses; no indulgence in illegal activities during bail; and liberty to the trial court to cancel bail on breach of any condition.ratio¶17

Detailed headnote1 paragraphs

Bail granted — U.P. Gangster and Prevention of Anti-Social Activities Act, 1986, S. 3(1) — applicant implicated on the basis of a solitary case shown in the gang chart, in which bail had already been granted; five other criminal-history cases in which he is on bail explained via supplementary affidavit — in custody since 16.11.2024 — A.G.A. did not dispute counsel's contentions — release ordered on personal bond and two reliable sureties, without expressing any opinion on merits, subject to conditions (attendance before trial court on each date with exposure to S. 229-A IPC on default; personal presence at opening of case, framing of charge and S. 313 Cr.P.C. statement; no tampering with witnesses; no illegal activity; cancellation of bail on breach).

¶1

Neutral Citation No. - 2025:AHC:18308

¶2

Court No. - 35

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1956 of 2025

¶4

Applicant :- Raju Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

¶5

Hon'ble Shekhar Kumar Yadav,J.

¶6

Supplementary affidavit has been filed today in the Court, the same is taken on record.

¶7

Heard Mr. Dhirendra Kumar Srivastava, learned counsel for the applicant as well as learned A.G.A for the State of U.P. and perused the record.

¶8

The present bail application has been filed on behalf of the applicant in Case Crime No.41 of 2024, under Section 3(1) of U.P. Gangster and Prevention of Anti-Social Activities, Act 1986, Police Station- Chandauli, DistrictChandauli with the prayer to enlarge him on bail.

¶9

The submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case. He has further submitted that the applicant has been implicated on the basis of solitary case shown in the gang chart, in which he has already been granted bail. He submits that the applicant has five other criminal history in which he is also on bail, which has been explained in paragraph no.3 of the supplementary affidavit. He submitted that the applicant is neither a member of any gang nor involved in any anti social activities and there is no fear of the applicant in the Society. He further submitted that the applicant has no criminal history. He submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 16.11.2024.

¶10

Learned A.G.A has vehemently opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the applicant.

¶11

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

¶12

Let applicant- Raju Gupta , be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

¶13

(1) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

¶14

(2) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶15

(3) The applicant will not tamper with the prosecution witnesses.

¶16

(4) The applicant will not indulge in any illegal activities during the period of bail.

¶17

(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.

¶18

Order Date :- 7.2.2025 Krishna*

¶19

Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Raju Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raju Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Gaurav Sharma vs State of U.P.

Ashish Pandey vs State of U.P. and Another

Prashant Kushwaha vs State of U.P. and 3 Others

Manoj Kumar vs State of U.P.

Robin vs State of U.P.

Ankit vs State of U.P.