CRIMINAL MISC. BAIL APPLICATION No. 34861 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:88303 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34861 of 2024 Applicant :- Amit Kumar Gupta @ Happu Opposite Party :- State of U.P. Counsel for Applicant :- Rameshwar Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A for the State. There is allegation against the applicant of causing murder of his brother. Counsel for the applicant submits three prosecution witnesses have been examined including father and mother of deceased. All of them have been declared hostile. The applicant alleges false implication in this case. He is in jail since 16.08.2023 and has no criminal history to his credit. On the other hand learned A.G.A has opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677