Allowed

Rajesh Gupta v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Civil Sectt. Lko.

Allahabad HC19 Mar 2024BAIL/3101/2024

Case brief

AI extract

What is this about?

Allowing a bail application filed by Rajesh Gupta in a cheating and forgery case, the court granted release considering that co-accused who benefited from the alleged crime had already been released. The applicant, languishing in jail since mid-November 2023, is to furnish a bond and sureties.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned.

Rajesh Gupta vs State of U.P. Thru. Addl. Chief Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:51168

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3101 of 2024

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Applicant :- Rajesh Gupta Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Civil Sectt. Lko. Counsel for Applicant :- Munni Lal Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Munni Lal, learned counsel for the applicant and Shri Anant Pratap Singh, learned A.G.A. for the State.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.179 of 2023, under Sections 419, 420, 467, 468, 471, 120B IPC, Police Station Bihar, District Unnao.

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The aforesaid case has been registered on the basis of an FIR lodged on 30.08.2023 against 6 persons, not including the applicant, stating that the informant had purchased a plot of land but subsequently it transpired that the sale deed had been executed by some imposter .

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In the affidavit filed in support of the 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 and no amount has been transferred to the applicant's bank account in commission of the alleged offence.

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Two co-accused persons namely, Satya Prakash and Shiv Shanker Vishwakarma have already been granted bail in the present case and it is alleged that both alleged persons have received money as a result of commission of alleged offence.

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The applicant is languishing in jail since 18.11.2023.

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

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the persons who had received benefit due to commission of the offence, have been granted bail and that the applicant is languishing in jail since

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18.11.2023, I am of the view that the applicant is also entitled to be released on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant- Rajesh Gupta be released on bail in the aforementioned 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 :- 26.7.2024

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-Amit K-

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

Rajesh Gupta v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Civil Sectt. Lko.

Case brief

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Rajesh Gupta v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Civil Sectt. Lko.

Case brief

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What did the court decide?

What the court decided

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