Allahabad High Court

ARYAN GUPTAversusSTATE OF U.P.

Decided: 17 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The bail application is allowed.

Summary

The High Court considered a bail application filed by Aryan Gupta, who was charged under Sections 147, 352, 336, 308 and 326 of the Indian Penal Code in a case registered as Crime No.22 of 2024. The applicant argued that he was falsely implicated, noting that his name does not appear in the FIR and that the injured witness only identified other persons. The court observed that the co‑accused had already been released on bail by the same bench, establishing parity, and that the applicant had no prior criminal record and had been detained since 29 March 2026. The State could not point out any criminal antecedents against the applicant. On the basis of these facts, the court found a prima facie case for bail and ordered the release of the applicant on personal bond and two sureties, subject to standard conditions.

Issues considered

Whether bail should be granted to the applicant despite serious IPC charges.
Whether the applicant's non‑mention in the FIR and lack of criminal antecedents justify bail.
Whether parity with co‑accused already released on bail warrants the applicant's release.

Legislation cited

Code of Criminal Procedure, 1973 — s. 161
Indian Penal Code — s. 147, 308, 326, 336, 352

Subjects

bail
IPC offences
false implication
parity
criminal procedure
sureties

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16706 of 2026

Aryan Gupta
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Himanshu Mishra,
Priyadarshini Shandilya
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 present bail application has been filed with a prayer to
release the applicant on bail during the trial in Case Crime
No.22 of 2024, under Sections 147, 352, 336, 308, 326 IPC,
Police Station- Kakadev, District Kanpur Nagar.

3. Learned counsel for the applicant contends that the applicant
has been falsely implicated in the present case. The applicant is
not named in the First Information Report (FIR) even the
injured in his statement recorded under Section 161 Cr.P.C. has
made specific allegation against Rohit Shukla, Raj Gautam,
Sahil Srivastava and Ashish Kumar. No specific allegation has
been made against the applicant. The co-accused Rajvir Verma,
Rohit Shukla, Raj Gautam, Sahil Srivastava have already been
enlarged on bail by co-ordinate Bench of this Court in Criminal
Misc. Bail Application Nos.39336 of 2025, 15239 of 2024,
8942 of 2024 and 9269 of 2024 vide orders dated 11.11.2025,
07.05.2024, 18.03.2024 and 07.03.2024, respectively.
Therefore, the applicant is entitled to be released on bail on the
ground of parity. The applicant has no criminal history and he
is languishing in jail since 29.03.2026. In case, he is granted
bail, he will not misuse the liberty of bail and would cooperate
BAIL No. 16706 of 2026
2

in the trial proceedings.

4. The learned A.G.A. has opposed the prayer for grant of bail,
however, could not point out any criminal antecedents of the
applicant.

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

6. Taking into account the entire facts and circumstances of the
case, the period of detention of the applicant and the fact that
the co-accused have already been released on bail by this
Court, a prima facie case for grant of bail is made out.

7. The bail application is allowed.

8. Let the applicant – Aryan 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.
BAIL No. 16706 of 2026
3

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.
May 18, 2026
Kushal
(Rajiv Lochan Shukla,J.)

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

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