Allowed

Santosh Gupta @ Santosh Kumar Gupta v. State of U.P. Thru. Prin.Secy. Home

Allahabad HC9 Jul 2024/6271/2024

Case brief

AI extract

What is this about?

The Single Judge granted bail to the applicant in a cheque-bounce and criminal conspiracy case, relying on the principle of parity since a co-accused with an identical role had already been released on bail.

What did the court decide?

Released on bail subject to personal bond and two reliable sureties, with conditions regarding attendance and tampering.

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

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Neutral Citation No. - 2024:AHC-LKO:46595

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Court No. - 17

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6271 of 2024

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Applicant :- Santosh Gupta @ Santosh Kumar Gupta Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Ashok Kumar Mishra,Pankaj Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 668 of 2020 under Sections 406, 420, 120-B I.P.C., Police Station- P.G.I., District- Lucknow.

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Learned counsel for the applicant submits that the applicant is an innocent person and he is in jail since 10.08.2021. He further submits that co-accused - Ajai Prakash Upadhyaya @ Ajai Kumar Upadhyay, having identical role, has already been granted bail by this Court vide order dated 27.10.2023 passed in Criminal Misc. Bail Application No. 12551 of 2023. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer of the applicant for grant of bail, but he conceded the fact that co-accused - Ajai Prakash Upadhyaya @ Ajai Kumar Upadhyay has already been granted bail by this Court.

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Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, bail order of the co-accused - Ajai Prakash Upadhyaya @ Ajai Kumar Upadhyay, ground of parity as well as totality of fact and circumstances, I am of the view that the applicant is entitled to be released on bail.

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Let applicant - Santosh Gupta @ Santosh Kumar Gupta be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

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(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 9.7.2024 Arpan

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

Santosh Gupta @ Santosh Kumar Gupta v. State of U.P. Thru. Prin.Secy. Home

Case brief

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What did the court decide?

Santosh Gupta @ Santosh Kumar Gupta v. State of U.P. Thru. Prin.Secy. Home

Case brief

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