Allowed

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

Allahabad HC23 Aug 2024/8935/2024

Case brief

AI extract

What is this about?

Bail application filed by Santosh Gupta, an employee accused of financial fraud. Court granted bail noting co-accused including the Managing Director had already been released, emphasizing the applicant's subordinate role.

What did the court decide?

Released on bail furnishing personal bond and two sureties each, subject to conditions against tampering with evidence and pressuring witnesses.

Santosh Gupta @ Santosh Kumar Gupta Vs Stat of U.P. Thru… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:57729

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Court No. - 19

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8935 of 2024

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

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ashok Kumar Mishra, learned counsel for the applicant, Sri Abhishek Kumar Singh, learned State Counsel and perused the records. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 655 of 2020, under Section 409, 420, 467, 468, 471, 504, 120-B .P.C., Police Station Gomti Nagar, District Lucknow.

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The aforesaid case has been registered on the basis of an FIR lodged on 22.8.2020 against three persons, including the applicant and unnamed office bearer of Anee Bullion Trader Company stating that the applicant was working as Regional Manager of the aforesaid Company and has made some investment in the Company while no return was paid on maturity.

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The applicant's criminal history of 69 cases has been disclosed in para 13 of the affidavit filed in support of the application and supplementary affidavit has been filed stating that the applicant has been granted bail in 45 cases.

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The four co-accused persons including Ajeet Kumar Gupta, who is Managing Director of the Company, have already been granted bail in the present case and copies of the bail orders have been annexed along with the affidavit of the bail application.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that Managing Director of the Company has already been granted bail in the present case whereas the applicant was merely an employee of the company and he was neither a Director nor Principal Post Holder in the company, I am of the view that the aforesaid facts are sufficient

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for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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7. Accordingly, this bail application stands allowed.

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Let the applicant- Santosh Gupta @ Santosh Kumar Gupta be released on bail in Case Crime No. 655 of 2020, under Section 409, 420, 467, 468, 471, 504, 120-B .P.C., Police Station Gomti Nagar, District Lucknow 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 :- 23.8.2024 A nuj Singh

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

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

Case brief

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

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