Allahabad High Court
VISHAL GUPTAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
Vishal Gupta applied for bail in a criminal case (Crime No. 375 of 2026) involving alleged offences under Sections 69, 351(2) and 316(2) of the B.N.S. The court examined the material on record, hearing counsel for both the applicant and the State. It noted that the victim is a major aged about 24 years and that there is no clinching evidence that the applicant misled the victim from the beginning. Without expressing an opinion on the merits, the court found that the applicant had made out a prima facie case for bail. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The court warned that breach of any condition would lead to cancellation of bail and that the order does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused in a pending trial under Sections 69, 351(2) and 316(2) of the B.N.S.
Legislation cited
- B.N.S. — s. 316(2), 351(2), 69
Subjects
- bail
- criminal procedure
- Sections 69
- Section 351(2)
- Section 316(2)
- B.N.S.
- evidence tampering
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29855 of 2026
Vishal Gupta
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Sudarshan Singh
Counsel for Opposite Party(s) : Arpit Singh, Devidayal Tiwari, G.A.
Court No. - 68
(Sr. No.68 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sri Anurag Pandey, Advocate holding brief of Sri Sudarshan Singh,
learned counsel for the applicant, Sri Devidayal Tiwari, learned counsel for the
informant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the
material placed on record.
3. Applicant seeks bail in Case Crime No.375 of 2026, under Sections 69, 351(2),
316(2) B.N.S., Police Station Chandauli, District Chandauli, during the pendency of
trial.
4. Considering the facts and circumstances of the case, submissions made by learned
counsel for the parties, the evidence on record, taking into consideration that the
victim is major, aged about 24 years, and there being no clinching evidence to suggest
that the applicant misled the victim from the beginning, and without expressing any
opinion on the merits of the case, prima-facie the Court is of the view that the
applicant has made out a case for bail. The bail application is allowed.
5. Let the applicant- Vishal Gupta, be released on bail on furnishing a personal bond
and two sureties to the satisfaction of the court concerned, subject to verification of
sureties, with the conditions that he shall not tamper with evidence or intimidate
witnesses and shall appear before the trial court as required.
6. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
(Krishan Pahal,J.)
September 11, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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