Raju Gupta Vs State of U.P. Thru. Prin. Secy. Home, Lucknow

Neutral Citation No. - 2025:AHC-LKO:40669

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3669 of 2024

Applicant :- Raju Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Girdhari Lal Shukla,Ripu Daman Shahi,Seeta,Upendra Kumar Singh Counsel for Opposite Party :- G.A.,Abdur Rub,Irfan Khan,Rajendra Kumar

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Shri Ripu Daman Shahi, learned counsel for the applicant, Shri Abhishek Kumar Singh, learned State Counsel.

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No one has appeared on behalf of the informant/ complainant, however, the name of his counsel has been shown in the cause list even no adjournment slip has been given.

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Learned counsel for the applicant has today filed supplementary affidavit enclosing therewith the inquest report, post mortem reports dated 25.11.2023 and 26.11.2023, site plan and copy of the mark sheet B.A. Ist semester of the present applicant, the same is taken on record.

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It has been contended by learned counsel for the applicant that the present applicant is languishing in jail since 27.11.2023 in Case Crime No.436 of 2023 under Sections 323, 324 and 302 of IPC and Section 4/25 Arms Act, Police Station Tarabganj, District Gonda.

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Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. As per impugned F.I.R., the allegation has been levelled against three accused persons, one is named (present applicant) and two are unknown.

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Learned counsel has submitted that in the FIR, no exact date of incident has been indicated. Further, the present applicant is having no prior criminal history of any kind whatsoever. Since, he is in jail since 27.11.2023, therefore, he is unable to pursue his studies. Chargesheet has been filed, therefore, if the present applicant is released on bail, there is no likelihood to influence the evidence or tamper the evidence. After releasing from jail,

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he may pursue his studies. He undertakes on behalf of the present applicant that he shall not misuse the liberty of bail and shall cooperate with the trial proceedings properly and shall abide by all terms and conditions of bail, if so granted.

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Learned A.G.A. has vehemently opposed the prayer for bail by submitting that as per material available on record, the present applicant is main accused but he could not dispute the aforesaid submissions of learned counsel for the applicant.

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Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that in the FIR, no exact date of incident has been indicated; he is in jail since 27.11.2023, therefore, he is unable to pursue his studies; chargesheet has been filed; the present applicant is having no prior criminal history of any kind whatsoever and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings properly, I am of the view that the applicant may be released on bail in this case.

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Accordingly, the instant bail application is allowed .

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Let the applicant- Raju Gupta , involved in aforesaid case 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, which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) 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 IPC/269 of the B.N.S., 2023.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023.

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(iv) 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./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court.

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Order Date :- 16.7.2025 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Raju Gupta v. State of U.P. Thru. Prin. Secy. Home, Lucknow

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Raju Gupta v. State of U.P. Thru. Prin. Secy. Home, Lucknow

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