Chandrajeet Gupta vs State of U.P.

Neutral Citation No. - 2025:AHC:34795

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4589 of 2025

Applicant :- Chandrajeet Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Kumar Srivastava,Prakash Kumar Shrivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Shri Rakesh Kumar Mishra, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Chandrajeet Gupta, seeking enlargement on bail in Case Crime No. 758 of 2023, under Sections 323, 506, 308 IPC, Police Station- Khorabar, District- Gorakhpur.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 30.01.2025. It is submitted that similarly placed co-accused, Ramesh Chand Gupta, has already been enlarged on bail of by this Bench of this Court by order dated 05.11.2024 passed in Criminal Misc. Bail Application No. 36662 of 2024, copy of the bail orders produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of coaccused, Ramesh Chand Gupta, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 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.

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Learned AGA has vehemently opposed the prayer for bail.

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

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Chandrajeet Gupta 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:

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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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Order Date :- 7.3.2025 v.k.updh.

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

Chandrajeet Gupta v. State of U.P.

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Chandrajeet Gupta v. State of U.P.

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