Ajeet Kumar Gupta Vs State of U.P. Thru. Secy. Deptt. of Home Annuexe Bhawan Lko

Neutral Citation No. - 2024:AHC-LKO:84491

Court No. - 16

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6173 of 2024

Applicant :- Ajeet Kumar Gupta Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Annuexe Bhawan Lko Counsel for Applicant :- Chandra Shekhar Sinha,Akshat Sinha,Gaurav Verma

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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In the prosecution case, it is alleged that a sum of Rs. 14,00,000/- has been invested by the complainant on the assurance of co-accused Manoj Gupta and his wife Renu Gupta with a promise that the same would be returned in 42 months at the rate of 20 percent interest.

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Learned counsel for the applicant submits that co-accused Manoj Gupta @ Manoj Kumar Gupta as well as another coaccused Renu Gupta have been enlarged on bail by this Court as well as by the coordinate Bench of this Court vide orders dated 16.05.2023 and 14.07.2023 passed in criminal misc. bail application Nos. 6339 of 2023 and 7293 of 2023.

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Learned counsel for the applicant submits that the applicant is alleged to be owner of Anee Bullion Traders Company. He also submits that money, if any, has been taken, has been deposited in Eye Vision Company and not in Anee Bullion Traders Company. The applicant has nothing to do with the Eye Vision Company. He seeks parity with the order of co-accused Manoj Gupta @ Manoj Kumar Gupta and Renu Gupta.

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It has been further submitted that the applicant has a criminal

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history of 152 cases. All the cases are of similar nature relating to the same company. Except this, the applicant has no criminal antecedents. Out of 152 cases, he has been enlarged on bail in 35 cases.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned AGA has opposed the bail application, however, could not dispute the fact that co-accused Manoj Gupta @ Manoj Kumar Gupta and Renu Gupta who were assigned similar role have been granted bail.

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Perused the record.

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Perusal of the record shows that almost similar allegations have been levelled in various FIRs relating to Anee Bullion Company and prima facie as per the contention of learned counsel for the applicant, he was neither the director nor the promoter in the Eye Vision Company.

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On due consideration to the fact that out of 152 identical cases, in 35 cases he has been enlarged on bail; charge sheet in the matter has been filed; co-accused Manoj Gupta @ Manoj Kumar Gupta and Renu Gupta have been enlarged on bail; the applicant is languishing in jail since 16.07.2020, so also in view of the judgment of the Apex Court passed in the case of Javed Gulam Nabi Shaikh v. State of Maharashtra, 2024 SCC OnLine SC 1693, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Ajeet Kumar Gupta, involved in Case Crime

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No. 873/2021, under Sections 420/409 IPC, Police Station - Gomti Nagar, District - Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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(v) 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 of the Indian Penal Code.

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(vi) 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. is issued and the 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 of the Indian Penal Code.

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Order Date :- 17.12.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Ajeet Kumar Gupta v. State of U.P. Thru. Secy. Deptt. of Home Annuexe Bhawan Lko

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Ajeet Kumar Gupta v. State of U.P. Thru. Secy. Deptt. of Home Annuexe Bhawan Lko

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