Allahabad High Court
SHIVAM GUPTAversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court allowed the bail application, granting bail to the accused.
Summary
Shivam Gupta, the adopted son of an informant, was implicated in a criminal case (Crime No. 206 of 2026) under Sections 305 and 317(2) of the IPC. He claimed the allegations were false, arising from a property dispute, and asserted he had no involvement in the alleged offences. The applicant, detained since 07‑07‑2026, sought bail, assuring the court of his cooperation and that he would not misuse liberty. The opposing counsel did not contest these factual submissions. After considering the circumstances and without opining on the merits, the court found the case suitable for bail and ordered release on personal bond with two sureties, subject to conditions to appear in court, not tamper with evidence, and refrain from criminal activity. The bail order was granted with a clarification that it does not affect the trial's merits.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 305 and 317(2) IPC pending trial
- Whether the applicant's claim of false implication and lack of criminal antecedents justifies bail
Legislation cited
- Indian Penal Code — s. 305, 317(2)
Subjects
- bail
- IPC Section 305
- IPC Section 317(2)
- false implication
- property dispute
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31466 of 2026
Shivam Gupta
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Prashant Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
2. The applicant is involved in Case Crime No. 206 of 2026 under
Sections 305, 317(2) BNS Police Station -Babina District -Jhansi.
3. Learned counsel for the applicant has submitted that the applicant is the
adopted son of the informant. However, a dispute regarding the property
is pending between the parties, and due to the said dispute, the applicant
has been falsely implicated in the present case. It is also submitted that
applicant is having no concern with the allegations levelled against him
and he has not committed any offence as alleged by prosecution. One
complaint case has been registered against the applicant, which has been
explained in supplementary affidavit. The applicant is in jail since
07.07.2026. Therefore, the applicant is entitled for bail. Learned counsel
for the applicant has further submitted that if the applicant is released on
bail, the applicant would not misuse liberty of bail and is ready to co-
operate in the trial.
4. Learned A.G.A. has opposed the prayer for bail but he has not disputed
the above contention made by the learned counsel for the accused-
applicant.
5. Considering the facts and circumstances of the case, perusing the
record and also considering the nature of allegations, arguments advanced
BAIL No. 31466 of 2026
2
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.
6. Let applicant -Shivam Gupta be released on bail in the aforesaid case
crime number on furnishing a personal bond and two reliable sureties of
the like amount to the satisfaction of the court concerned subject to
following conditions, which are being imposed in the interest of justice:-
(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
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
7. 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.
8. 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
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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