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Allahabad High Court

MAHENDRA GUPTA @ PANKAJ GUPTAversusSTATE OF U.P.

Decided

Holding

The Court granted bail to the applicant, finding a prima facie case for release.

Summary

The High Court considered a bail application filed by Mahendra Gupta (also known as Pankak Gupta) in Criminal Case No. 41 of 2026, where he was alleged to be involved under Sections 109, 115(2) and 3(5) of the B.N.S. The applicant claimed he was falsely implicated and that the FIR assigned the assault role to a co‑accused, not to him. The State opposed bail but could not refute the claim that the applicant was not the assailant. Noting the applicant’s lack of criminal antecedents and the absence of a prima facie case of assault, the Court found sufficient grounds to grant bail. The order released the applicant on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑engagement in criminal activity, non‑intimidation of witnesses, and regular appearance before the trial court. The Court also directed procedural steps for the release order to be effected through the Bail Order Management System.

Issues considered

  • Whether bail should be granted to the accused who is alleged to have been falsely implicated and not assigned the role of assault in the FIR
  • Whether the absence of criminal antecedents and lack of prima facie case warrant bail under the applicable provisions

Legislation cited

  • B.N.S. — s. 109, 115(2), 3(5)

Subjects

  • bail
  • criminal procedure
  • false implication
  • no criminal antecedents
  • evidence tampering
  • witness intimidation

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 16373 of 2026

Mahendra Gupta @ Pankaj Gupta
                                                             .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                    :    Arun Kumar Bajpai
Counsel for Opposite Party(s)               :    G.A.

Court No. - 72
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.41 of 2026, under Sections 109,
115(2), 3(5) of the B.N.S., Police Station- Hathgaon, District- Fatehpur,
during the pendency of the trial.

3. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present case. Learned counsel further contends
that the role given to the applicant in the First Information Report (FIR) is
not of assaulting the injured, which has been specifically assigned to the
co-accused Krishna. The applicant is in jail since 12.03.2026, having no
criminal antecedents.

4. The learned AGA has opposed the prayer for bail. However, he could
not dispute the fact that the role assigned to the applicant is not of assault
on the injured.

5. I have considered the submissions made by the learned counsel for the
parties.

6. Taking into account the fact that the applicant has not been assigned the
role of causing injury to the injured and the applicant has no criminal
antecedents, a prima facie case for grant of bail to the applicant is made
out.
                                                                                             BAIL No. 16373 of 2026
                                                                    2


                                    7. The bail application is allowed.

                                    8. Let the applicant - Mahendra Gupta @ Pankaj Gupta, involved in
                                    the aforementioned crime be released on bail, on his furnishing a personal
                                    bond and two reliable sureties each in the like amount, to the satisfaction
                                    of the Court concerned, subject to the following conditions:

                                    i. The applicant will not tamper with the evidence.

                                    ii. The applicant will not indulge in any criminal activity.

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

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

                                    9. In the event of breach of any of the aforesaid conditions, the trial Court
                                    will be at liberty to proceed to cancel his/her bail.

                                    10. It is made clear that the applicant shall be released on the basis of
                                    computer generated copy of this order, downloaded from the official
                                    website of High Court Allahabad and verified by the concerned counsel
                                    with the undertaking that the certified copy will be filed within 15 days.

                                    11. It is further directed that the trial court shall send the release order to
                                    the concerned jail through Bail Order Management System (BOMS) to
                                    ensure early release of the applicant.

                                    12. The observations made hereinabove are exclusively for deciding the
                                    instant bail application and shall not be construed as an opinion on the
                                    merits of the case.



                                                                                       (Rajiv Lochan Shukla,J.)
                                    May 14, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad


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