Prashant Kumar Gupta @ Jugunu Vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 24235 of 2025

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Prashant Kumar Gupta @ Jugunu

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.....Applicant(s)

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	Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	: Atharva Dixit, Pranav	Tiwary
Counsel for Opposite Party(s)	: G.A.

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Court No. - 66

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard Shri Manish Tiwary, learned Senior Advocate, assisted by Shri Pranav Tiwary, learned counsel for the applicant and Shri Purshottam Maurya, learned, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant Prashant Kumar Gupta @ Jugunu, with a prayer to enlarge him on bail in Case Crime No.475 of 2024, under Sections-103 (1) and 61 (2) of B.N.S., Police Station-Bhelupur, District-Varanasi, during pendency of trial.

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Learned counsel for the applicant submits that the accused applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 06.02.2025. Learned Senior Counsel, submits that a First Information Report was lodged by one Udai Kumar Kushwaha, on 05.11.2024, with the allegation that on an information received by him, with regard to murder of his close acquaintance Rajendra Prasad Gupta, he went to the house of said Rajendra Prasad Gupta and found dead bodies of Neetu Gupta, wife of Rajendra Prasad Gupta, on first floor, dead bodies of two sons namely Namnendra Gupta, Shuvendra and daughter namely Gaurangi Gupta on second floor of the house, murdered by giving fire arm shot by some unknown persons. He submits that the applicant was not named in the First Information Report. He further submits that the applicant himself and his sister Anupriya Gupta had telephonically informed the Police Control Room about the death of their aunt and children. First informant in his statement has repeated the version of the First Information Report. Grand mother of the applicant, namely Smt. Sharda Devi, in her statement has stated that all the deceased were murdered by his grand son namely Vishal Kumar Gupta in revenge of murder of his parents. She has further stated that the applicant is a innocent person. Other witnesses have also raised suspicion of murder of the deceased by Vishal Kumar Gupta but they have also not stated about the applicant. Applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering

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BAIL No. 24235 of 2025

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2

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with evidence in case of release on bail. Hence, bail has been prayed for.

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Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Prashant Kumar Gupta @ Jugunu , involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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(Ashutosh Srivastava,J.)

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September 10, 2025 Deepak/

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

Prashant Kumar Gupta @ Jugunu v. State of U.P.

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