Arav Gupta Alias Rinku Alias Rajeev vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Arav Gupta Alias Rinku Alias Rajeev vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement on bail of Arav Gupta Alias Rinku Alias Rajeev on execution of a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions; in the event of breach, the court below may proceed to cancel bail.

Issue for consideration

Whether the accused-applicant Arav Gupta Alias Rinku Alias Rajeev should be enlarged on bail in Case Crime No. 206 of 2025 under Section 109(1) B.N.S & Section 3/25 Arms Act, Police Station Kotwali, District Jhansi.

Court's answer

Considering the nature of accusations, severity of punishment in the case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses, and the fact that a similarly circumstanced co-accused has already been granted bail (which the State could not dispute), and without commenting on the merits of the case, a case for bail is made out.

Ratio / Principle

The bail application is allowed; the accused-applicant is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses and cooperation in trial, regular appearance on every date fixed by the trial court); on breach of any condition the court below is at liberty to cancel bail.

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.) allowed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by Arav Gupta alias Rinku alias Rajeev, accused in Case Crime No. 206 of 2025 under Section 109(1) B.N.S and Sections 3/25 Arms Act, Police Station Kotwali, District Jhansi, who was in custody since 21.06.2025. Bail was granted principally on parity: the State (A.G.A. Arimardan Yadav) opposed the prayer but could not dispute that similarly circumstanced co-accused Sumesh Yadav @ Lauwa had already been enlarged on bail by the same Court on 27.10.2025 in Criminal Misc. Bail Application No. 35278 of 2025. Without commenting on merits, the Court directed release on a personal bond with two reliable sureties each, subject to conditions against tampering with evidence, indulgence in criminal activity and intimidation of prosecution witnesses, and requiring regular appearance before the trial court; breach of any condition entitles the court below to cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30183 of 2025

Arav Gupta Alias Rinku Alias Rajeev

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Sunil Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Learned counsel for the applicant has filed supplementary affidavit today in Court, which is taken on record.

Heard Sri Sunil Kumar, learned counsel for the applicant, Arimardan Yadav, learned A.G.A for the State-Respondent and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 206 of 2025, under Section 109(1) B.N.S & Section 3/25 Arms Act, Police Station - Kotwali, District Jhansi

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 21.06.2025 Learned counsel for the applicant submits that similarly circumstanced co-accused Sumesh Yadav @ Lauwa has already been enlarged on bail by this Court on 27.10.2025, in Criminal Misc. Bail Application No. 35278 of 2025 . He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the fact that similarly circumstanced aforesaid coaccused has already been granted bail by this Court.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima

BAIL No. 30183 of 2025

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facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Arav Gupta Alias Rinku Alias Rajeev, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

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

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.

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

November 4, 2025 Vinod.

(Ashutosh Srivastava, J.)

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