Allahabad High Court
Shubham Gupta @ Chhanga vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 12 September, 2025
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:55542
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. BAIL APPLICATION No. - 11064 of 2024
Shubham Gupta @ Chhanga
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. U.P.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Anil Singh
Counsel for Opposite Party(s)
:
G.A.
Court No. - 12
HON'BLE KARUNESH SINGH PAWAR, 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 by accused-applicant seeking bail in Case Crime No.63 of 2022, under Section 302 I.P.C., P.S. Aliganj, District Lucknow.
3. It is alleged in the prosecution case that on 12.03.2022 at about 12:30 in the night in front of the power house Matadeen and Chhanga were fighting when informant tried to intervene Chhanga and his maternal uncle have beaten the brother of the informant Arjun with danda due to which he died on the spot.
4. Learned counsel for applicant submits that in the statement of eye witness Matadeen role of causing injury to the deceased by danda has been assigned to the present applicant. He submits that it is a case of false implication. Applicant has no criminal history however, he is in jail since 13.03.2022. He submits that six prosecution witnesses have been examined including all the fact witnesses hence, there is no chance of tampering the evidence.
5. Learned A.G.A. has opposed the bail prayer and has submitted that applicant is accused of a heinous crime, deceased suffered four ante mortem injuries out of which two are lacerated wounds on the vital part. Cause of death is coma as a result of ante mortem head injury.
6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 13.03.2022 having no criminal history, it appears that dispute erupted all of a sudden without any premeditation or preparation there appears to be no time to cool down, out of fifteen only six witnesses of prosecution has been examined including all the fact witnesses still 9 witnesses are to be examined, trial is not likely to be concluded in the near future so also the judgment passed by Hon'ble judgment passed in Javed Gulam Nabi Shaikh vs. State of Maharashtra and another : Criminal Appeal No.2787 of 2024 and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
7. Accordingly, the bail application is allowed.
8. Let the applicant Shubham Gupta @ Chhanga be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with 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 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.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS).
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS).
(Karunesh Singh Pawar,J.)
September 12, 2025
Saurabh Yadav/-
