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

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

What the court decided

AI extract

Outcome

Release of applicant Ajeet Kumar Gupta on bail in Case Crime No. 739 of 2020 on furnishing a personal bond and two sureties each in the like amount, subject to conditions that he shall not tamper with the prosecution evidence, shall not pressurize the prosecution witnesses, and shall appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant, Ajeet Kumar Gupta, is entitled to be released on bail in Case Crime No. 739 of 2020, under Sections 409, 420, 506 IPC, Police Station Gomti Nagar, District Lucknow.

Court's answer

Having considered the facts and circumstances of the case, including that the applicant is languishing in jail since 16.11.2020, the Court was of the view that the applicant is entitled to be released on bail.

Ratio / Principle

The bail application was allowed and the applicant, Ajeet Kumar Gupta, was directed to 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 the Magistrate/Court concerned, subject to conditions imposed by the Court.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Subhash Vidyarthi, J.): bail application allowed. Applicant Ajeet Kumar Gupta sought release in Case Crime No. 739 of 2020, under Sections 409, 420, 506 IPC, Police Station Gomti Nagar, District Lucknow, founded on an F.I.R. dated 31.9.2020 alleging that the informant had invested in Ani Bulleon Traders and Eye Vision Credit Cooperative Society Ltd. under allurement of lucrative returns but was paid nothing on maturity. Noting that the applicant was in jail since 16.11.2020 with the trial not yet commenced, and despite his disclosed involvement in 152 criminal cases (bail granted in 74 of them), the Court held him entitled to bail and directed release on a personal bond with two sureties each in the like amount, subject to conditions against tampering with prosecution evidence or pressurizing prosecution witnesses and requiring appearance on every date fixed by the trial court.

Neutral Citation No. - 2024:AHC-LKO:48625

Court No. - 31

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6155 of 2024

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

Counsel for Applicant :- Chandra Shekhar Sinha,Akshat Sinha,Gaurav Verma

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Shri Chandra Shekhar Sinha, learned counsel for the applicant and Shri Rakesh Kumar Singh, learned AGA for the State.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.739 of 2020, under Section 409, 420, 506 IPC, registered at Police Station- Gomti Nagar, District- Lucknow.

The aforesaid case has been registered on the basis of F.I.R. lodged on 31.9.2020 against four persons including the applicant, alleging that the informant had made some investments in Ani Bulleon Traders and Eye Vision Credit Cooperative Society Ltd. under allurement of lucrative returns but upon maturity of returns, the informant was not paid any amount.

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

The applicant's involvement in 152 criminal cases has been mentioned in para 14 of the affidavit filed in support of the application and he has been granted bail in 74 cases.

Learned counsel for the applicant submitted that the applicant is languishing in jail since 16.11.2020 and the trial has not even commenced till date.

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

Having considered the aforesaid facts and circumstances of the case and that applicant is languishing in jail since

16.11.2020, I am of the view that the applicant is entitled to be released on bail.

Accordingly, this bail application stands allowed.

Let the applicant- Ajeet 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 the 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.

[Subhash Vidyarthi,J.]

Order Date :- 18.7.2024

-Amit K-

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench