Nitin Gupta Vs State of U.P.

Neutral Citation No. - 2025:AHC:114592

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21836 of 2025

Applicant :- Nitin Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Raghuvansh Misra, learned counsel for the applicant, Sri Pushpendra Singh Jadon, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.22 of 2024, under Sections-420, 406, 467, 468, 471 IPC, Police StationShikohabad, District-Firozabad, during the pendency of the trial.

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Contention of learned counsel for the applicant is that as per the allegation made in the FIR as well as the statements, it is clear that main allegation is against Subhash Gupta and Parul Gupta. It is further submitted that from a bare perusal of the letter of post master, it is clear that applicant was not an agent to collect the money on behalf of the postal department. The only allegation against the applicant is that he was the witness of a sale deed executed by Subhash Gupta regarding the property which was placed as a security. It is further submitted that the applicant has no criminal history and charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 03.06.2024. In case, he is granted

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bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Nitin Gupta involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two 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 directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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