HIMANSHU GUPTAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 13462 of 2026

Himanshu Gupta
                                                            .....Applicant(s)
                                   Versus

State of U.P.
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                :   Om Prakash Shukla
Counsel for Opposite Party(s)           :   Amarnath Tripathi, G.A.

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

Heard Sri Om Prakash Shukla, learned counsel for the applicant, Sri
Abhinav Mukherjee holding brief of Sri Amarnath Tripathi, learned
counsel for the informant, learned AGA for the State and perused the
record.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 43 of 2026, under Sections 318(4), 338, 336 BNS,
Police Station Lanka, District Varanasi, during the pendency of trial.

It is submitted by the learned counsel for the applicant that the applicant
is innocent and has been falsely implicated in the present case due to
ulterior motives and extraneous considerations. The allegations levelled
against the applicant are misconceived and are not supported by any
cogent or credible material so as to warrant his continued incarceration.
As per the prosecution case, the informant came into contact with the
applicant, who is alleged to be working as a Manager in the concerned
hotel and is also engaged in the business of tours and travels. It is further
alleged that the applicant represented to the informant that he was
engaged in the business of purchase and sale of vehicles. Believing the
representation of the applicant, the informant allegedly sold his vehicle
through the applicant for a consideration of Rs. 4,00,000/-, pursuant in the
bank account particulars. The bank account number of the informant,
from which the alleged amount of Rs. 5,00,000/- is stated to have been
transferred into the account of the applicant, has been mentioned
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differently at different places. Thus, the very source and mode of the
alleged transfer are doubtful. There are also material contradictions
regarding the bank account number allegedly belonging to the applicant.
Thus, the very source and mode of the alleged transfer are doubtful. It is
further submitted that, at this stage, there is no credible and
unimpeachable evidence on record which directly connects the applicant
with the commission of the alleged offence. Therefore, the custodial
interrogation of the applicant is no longer required. It is also submitted
that the investigation has already been concluded and the charge-sheet has
been filed before the learned court concerned. Criminal history of the
applicant has been explained in para 17 of the instant bail application. The
applicant is languishing in jail since 12.02.2026 and has already
undergone a substantial period of incarceration. The applicant undertakes
to cooperate with the trial proceedings. There is no likelihood of the
applicant fleeing from justice or tampering with the prosecution evidence.
In case the applicant is enlarged on bail, he shall not misuse the liberty of
bail.

Per contra, learned AGA, however, opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel
for the parties, this Court is of the view that the applicant is entitled to be
enlarged on bail during the pendency of the trial. Accordingly, without
expressing any opinion on the merits of the case, the instant bail
application is allowed.

Let the applicant-Himanshu Gupta be released on bail in the aforesaid
case on furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned with the following
conditions:-

(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer
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                                    or tamper with the evidence.

                                    (iii) The applicant shall not indulge in any criminal and anti-social
                                    activity.

                                    In case of breach of any of the above condition, the prosecution will be at
                                    liberty to move an application before this Court for cancellation of the
                                    bail of the applicant.

                                     It is clarified that the observations made herein are limited to the facts
                                    brought in by the parties pertaining to the disposal of bail application and
                                    the said observations shall have no bearing on the merits of the case
                                    during trial.



                                                                                       (Jai Prakash Tiwari,J.)
                                    September 8, 2026
                                    Brijesh




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