VISHAL GUPTAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 31084 of 2026

Vishal Gupta
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                   :   Abdul Saleem Ahamad
Counsel for Opposite Party(s)              :   G.A.

Court No. - 67
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Abdul Saleem Ahmad, learned counsel for the applicant and
Sri B.P. Maurya, learned A.G.A. for the State.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 309 of 2026, under Sections 69, 352,
351(2) BNS, Police Station Chandauli, District Chandauli during the
pendency of the trial.

3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and on perusal of
the statement of the victim recorded under Sections 180 and 183 BNSS, it
appears that she is a consenting party and as per FIR the applicant is said
to have established physical relationship on the false promise of
marriage. It is further submitted that the victim is major lady aged lady
aged about 21 years and she has refused to undergo medico-legal
examination. It is also submitted that the applicant has been languishing
in jail since 14.6.2026 and he is having no criminal history. It is lastly
submitted that in case the applicant is granted bail, he will not misuse the
liberty of bail and would cooperate in the trial proceedings.

4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
but could not dispute the aforesaid facts.

5. As per the allegation in the FIR, the applicant is said to have
established physical relationship on the false promise of marriage,
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however, it is submitted that on perusal of the statement of the victim
recorded under Sections 180 and 183 BNSS, it appears that she is a
consenting party. The victim is major lady aged lady aged about 21 years
and she has refused to undergo medico-legal examination. The applicant
has been languishing in jail since 14.6.2026 and he is having no criminal
history.

6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.

7. Accordingly, the present application is ALLOWED.

8. Let the applicant- Vishal Gupta involved in the aforementioned crime
be released on bail, on his 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 not directly or indirectly make any 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 to any police
officer or tamper with the evidence.

(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.

(iv) The applicant shall attend in accordance with the conditions of the
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                                    bond executed by him.

                                    9. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    10. Identity, status and residence proof of the applicant and sureties be
                                    verified by the court concerned before the bonds are accepted.
                                    Verification of mobile number and Aadhaar card of the applicant as well
                                    as sureties should be verified by the court concerned.

                                    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. Office is directed to send a copy of this order to the applicant through
                                    concerned Jail Superintendent via e-mail or e-prison portal within 24
                                    hours in compliance of the order of the Apex Court in the case of Policy
                                    Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
                                    of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.



                                                                                     (Jitendra Kumar Sinha,J.)
                                    September 18, 2026
                                    Abhishek




Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad