Allahabad High Court
SANJAY GAUTAM @ RAHULversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The applicant is entitled to be released on bail during the pendency of the trial.
Summary
The High Court considered a bail application filed by Sanjay Gautam @ Rahul, who was arrested in a case under Sections 309(4) and 317(2) of the Indian Penal Code. The applicant claimed innocence, alleged false implication, and argued that he was not named in the FIR, with only a weapon, cartridge, cash and a broken chain recovered from his possession. The State opposed bail, but the Court, after weighing the nature of the alleged offences, the evidence, and the severity of punishment, decided that the applicant was entitled to bail during the pendency of trial. The Court granted bail without expressing any opinion on the merits, subject to a personal bond, two sureties, and several conditions to prevent tampering with evidence or intimidation of witnesses. The order also directed verification of sureties' identity and status and warned that breach of conditions could lead to cancellation of bail.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial in a case under Sections 309(4) and 317(2) of the IPC.
- Whether the nature of the alleged offences and the material recovered from the applicant preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 309(4), 317(2)
Subjects
- bail
- Indian Penal Code
- Section 309
- Section 317
- criminal procedure
- sureties
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33462 of 2026
Sanjay Gautam @ Rahul
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.
2. The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 300 of 2025, under Sections 309(4), 317(2) BNS,
Police Station- Chaubeypur, District- Kanpur Nagar, during pendency of the
trial in the court below.
3. Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case due
to some ulterior motive. It is next submitted that applicant is having no
concern with the allegations levelled against him and he has not committed
any offence as alleged by prosecution. It is next submitted that applicant is
not named in the FIR. His name has surfaced during course of investigation.
It is submitted that police has allegedly recovered one tamancha 315 bore,
one live cartridge, Rs. 1500/- cash and a golden broken chain from the
possession of the applicant. He further submitted that after completing
investigation, the investigating officer in a routine and casual manner
submitted charge sheet against the applicant under the aforesaid sections.
Criminal history of the applicant has been explained in para 12 of the
affidavit filed in support of the bail application. There is no independent
witness of the alleged recovery memo. He next submitted that the applicant
is languishing in jail since 23.03.2026. It is also submitted that the applicant
undertakes that he will not misuse the liberty, if granted. It has also been
pointed out that in the wake of heavy pendency of cases in the Court, there is
no likelihood of any early conclusion of trial.
4. The prayer for bail has been vehemently opposed by learned A.G.A.
BAIL No. 33462 of 2026
2
5. Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel for
the parties, this Court is of the view that the applicant is entitled to be
enlarged on bail during the pendency of the trial.
6. Accordingly, without expressing any opinion on the merits of the case, the
instant bail application is allowed.
7. Let applicant, Sanjay Gautam @ Rahul be released on bail in the
aforesaid case on his executing a personal bond and furnishing two 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 during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed, unless
personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.
(v). 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.
8. It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
9. In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
10. 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.
September 21, 2026
v.k. updh.
(Jai Prakash Tiwari,J.)
Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad
Checking your session…