Ajeet Kumar Gupta @ Ajeet Gupta Vs State of U.P… — Cheating and Forgery | Allahabad HC (2024)

Ajeet Kumar Gupta @ Ajeet Gupta Vs State of U.P… — Cheating and Forgery | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Release of applicant Ajeet Kumar Gupta @ Ajeet Gupta on bail in Case Crime No. 366 of 2020 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) not tampering with prosecution evidence; (ii) not pressurizing prosecution witnesses; (iii) appearance on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant, in custody since 16.07.2020 with trial yet to commence, is entitled to be released on bail in Case Crime No. 366 of 2020 under Sections 406, 419, 420, 467, 468 & 471 IPC, Police Station Kotwali Rudauli, District Faizabad/Ayodhya.

Court's answer

The applicant is entitled to be released on bail, having been languishing in jail since 16.07.2020 for more than 3 years and 9 months without even commencement of trial.

Ratio / Principle

The bail application is allowed and the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court.

Detailed headnote1 paragraphs

Bail — granted. High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Subhash Vidyarthi, J.) allowed Criminal Misc. Bail Application No. 4152 of 2024 filed by Ajeet Kumar Gupta @ Ajeet Gupta seeking bail in Case Crime No. 366 of 2020, Police Station Kotwali Rudauli, District Faizabad/Ayodhya, under Sections 406, 419, 420, 467, 468 & 471 IPC, registered on an F.I.R. dated 22.03.2020 alleging non-payment on maturity of an investment made in Eye Vision India Credit Cooperative Society Limited Anee Bullion Traders. The Court noted the applicant's incarceration since 16.07.2020 — more than 3 years and 9 months — without commencement of trial, his disclosed criminal history of 166 cases (bail granted in 69), and that co-accused had already been granted bail by this Court, and held the applicant entitled to bail. Release directed on a personal bond and two sureties each in the like amount, subject to conditions against tampering with prosecution evidence, pressurizing prosecution witnesses, and requiring appearance on every date fixed by the trial court. Order dated 16.4.2024.

Neutral Citation No. - 2024:AHC-LKO:29966

Court No. - 19

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4152 of 2024

Applicant :- Ajeet Kumar Gupta @ Ajeet Gupta Opposite Party :- State Of U.P. Thru. Prin.Secy.Deptt. Of Home

Counsel for Applicant :- Vivek Kumar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Vivek Kumar Shukla, the learned counsel for the applicant, Sri Anant Pratap Singh, the learned AGA for the State and perused the records.

The instant application has been filed seeking release of the applicants on bail in Case Crime No. 366 of 2020, under Sections 406, 419, 420, 467, 468 & 471 IPC, Police Station Kotwali Rudauli, District Faizabad/Ayodhya.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.03.2020 against five persons, including the applicant stating that the informant had made investment in Eye Vision India Credit Cooperative Society Limited Anee Bullion Traders; but upon maturity no amount was paid to him. Applicant's criminal history of 166 cases have been disclosed in paragraph 16 of the affidavit, in 69 of which the applicant has been granted bail.

In the affidavit filed in support of the application, it has been stated that the applicant has been falsely implicated in the present case.

It has been submitted by the learned counsel for the applicant that the applicant is languishing in jail since 16.07.2020 but trial

of any of the cases has not commenced till date.

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

Co-accused Manju Kaushal, Anjani Kumar Kaushal, Kanhaiya Lal Gupta @ Kanhaiya Kaushal, Ajeet Kumar Gupta @ Ajeet Gupta have already been granted bail by means of orders dated 17.08.2023, 27.07.2023, 20.10.2022 & 06.02.2024 passed by this Court in Crl. Misc. Bail Application Nos. 5900 of 2022, 9441 of 2023, 12144 of 2022 & 688 of 2024.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 16.07.2020 for past more than 3 years & 9 months without even commencement of trial, I am of the view that the applicant is entitled to be released on bail in the present case.

Accordingly, this bail application stands allowed .

Let the applicant- Ajeet Kumar Gupta @ Ajeet 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:-

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

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

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

Order Date :- 16.4.2024

Pradeep/-

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