Allowed

Gaurav Kumar Gupta v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

Allahabad HC17 Nov 2023/3974/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Gaurav Kumar Gupta in a criminal case involving cheating and forgery, granting release on bond and sureties due to parity with other co-accused and the applicant's lack of criminal history.

What did the court decide?

Applicant released on bail upon furnishing personal bond and two sureties in amounts satisfactory to the concerned court, subject to conditions against tampering with evidence and pressing witnesses,

Gaurav Kumar Gupta Vs State of U.P. Thru. Addl. Chief… — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:75683

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3974 of 2023

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Applicant :- Gaurav Kumar Gupta Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

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Counsel for Applicant :- Ajmal Khan,Javed Khan,Prem Prakash Singh,Purnendu Chakravarty Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Purnendy Chakravarty, the learned counsel for the applicant, Sri Rao Narendra Singh, learned A.G.A.-I for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 382 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C. and Section 66 D of Information Technology Act, registered at Police Station Hazratganj, District Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.11.2022 against Uptron Powertronics Limited and Kuldeep Singh besides some unknown persons alleging commission of illegalities in NEET Examination, 2021 by making unauthorized interference in the original data base and official website of Ayush Department. The applicant has been implicated as he was also once a Director of V-3 Soft Solution Pvt. Ltd. Company.

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The learned counsel for the applicant has submitted that eight co-accused persons have already been granted bail in the present case and the copies of their bail orders have been annexed with the supplementary affidavit filed on behalf of the

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applicant. The bail application of co-accused Alok Kumar Trivedi had been rejected by this court but the aforesaid coaccused person has also been granted bail by means of an order dated 10.11.2023, passed by Hon'ble Supreme Court in S.L.P. (Criminal) No.12039 of 2023. One more co-accused Harsh Vardhan Tiwari @ Sonal has also been granted bail by means of an order dated 26.10.2023, passed by this court in Criminal Misc. Bail Application No.9793 of 2023.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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As eight co-accused persons have already been granted bail in the present case including co-accused Harsh Vardhan Tiwari who had been assigned the job by the applicant, and keeping in view the fact that that the applicant has no previous criminal history and he is languishing in jail since 17.11.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant also on bail in the aforesaid crime on the ground of parity.

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Accordingly, this bail application stands allowed .

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Let the applicant- Gaurav Kumar Gupta be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 17.11.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Gaurav Kumar Gupta v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

Gaurav Kumar Gupta v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

Case brief

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What did the court decide?

What the court decided

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