Allowed

Saurabh Gupta v. State of U.P.

Allahabad HC7 Jun 2022BAIL/12192/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Saurabh Gupta, charged under IPC Sections 406, 419, 420, 120B and IT Act Section 66D. The court upheld his claim of being a scapegoat and granted bail on personal bond and sureties.

What did the court decide?

The applicant was released on bail with a personal bond and two sureties on conditions to appear in court and refrain from influencing witnesses or tampering with evidence.

Saurabh Gupta Vs State of U.P. — Money Laundering | Allahabad HC (2022)

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12192 of 2022

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Applicant :- Saurabh Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 08 of 2021 at Police Station Cyber Crime District Agra under Sections 406, 419, 420, 120B I.P.C. and Section 66D of I.T. Act. The applicant is in jail since 22.04.2021.

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The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Agra, on 08.02.2022.

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Shri Ajay Dubey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The principal offender who is the also the main beneficiary of all illicit transactions including one is one Anshul Agrawal. The applicant is belonging to a economically weaker sections of the society. The bank account in his name was got opened by the principal offender Anshul Agrawal to park the funds. The proceeds of the crime were first transferred to the account of N.K.C. Services and thereafter immediately credited to the bank account of the father of the principal offender one Vijay Prakash Agrawal.

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The applicant is not a beneficiary of any illicit transaction. The entire money was ultimately credited to the bank account of the father of the principal offender Anshul Agrawal. The principal offender has been enlarged on bail.

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The principal offender Anshul Agrawal and other coaccused persons namely Vikash Tiwari, Amit Kumar, Sachin, Umesh Upadhyay, have been enlarged on bail by this Court by orders dated 01.12.2021, 28.09.2021, 08.10.2021, 16.12.2021, 23.10.2021 in Criminal Misc. Bail Application 4048 of 2021, 29963 of 2021, 39293 of 2021, 38684 of 2021, 41534 of 2021. The case of the applicant stands on a better footing than that of the aforesaid principal offender. However, learned counsel for the applicant seeks parity in relief granted to the aforesaid principal offender as well as co-accused persons.

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Learned counsel for the applicant contends that the applicant does not have any criminal history prior to the instant case. However, after his nomination in the instant case, the applicant has become a convenient scapegoat for the police authorities who framed him in other cases only to shield the principal offender Anshul Agrawal who exercises considerable influence in the area. The said cases do not have any bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Sunil Kumar Srivastava, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application/supplementary affidavit.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Saurabh Gupta be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 7.6.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.06.08 17:37:53 IST Reason: Location: High Court of Judicature at Allahabad

Saurabh Gupta v. State of U.P.

Case brief

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Saurabh Gupta v. State of U.P.

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