Allowed

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

Allahabad HC17 Dec 2024BAIL/6945/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the High Court allowed bail to the applicant invoking the principle of parity with a co-accused released in identical circumstances, noting that the charges were triable by a magistrate and the applicant had been in custody since 2021.

What did the court decide?

Bail released on personal bond and two sureties subject to conditions regarding trial attendance and prohibition of tampering with evidence.

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

¶1

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

¶2

Court No. - 16

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6945 of 2024

¶4

Applicant :- Santosh Gupta @ Santosh Kumar Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

¶5

Counsel for Applicant :- Ashok Kumar Mishra,Pankaj Kumar Counsel for Opposite Party :- G.A.

¶6

Hon'ble Karunesh Singh Pawar,J.

¶7

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

¶8

It is alleged in the prosecution case that a sum of Rs.13,30,000/has been deposited by the informant on the allurement of the present applicant along with other co-accused persons who are in Anee Bullion Company. It was assured by the accused persons that all the money invested shall be returned with appropriate interest and incentives however, informant came to know that his money has duped and he has been cheated by the applicant and co-accused persons.

¶9

Learned counsel for the applicant submits that the offences are triable by magistrate. The applicant has a criminal history of 69 case. Out of those 69 cases, in 39 cases, he has been enlarged on bail.

¶10

Learned counsel for the applicant submits that co-accused Ajeet Kumar Gupta who was assigned similar role has been enlarged on bail by this Court vide order dated 01.10.2024 passed in criminal misc. bail application No. 10485 of 2024. Learned counsel for the applicant seeks parity with the order of the coaccused.

¶11

It is further submitted that the applicant is languishing in jail since 10.08.2021. There is no possibility of the applicant of

¶12

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.

¶13

Learned AGA has opposed the bail application, however, could not dispute the fact it is a case of parity.

¶14

On due consideration to the fact that co-accused Ajeet Kumar Gupta who was assigned similar role has been enlarged on bail; charge sheet in the matter has been filed; offences are triable by magistrate; more or so by leveling similar allegations, as many as 69 FIRs have been lodged against the applicant; applicant is languishing in jail since 10.08.2021, 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, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

¶15

Accordingly, the bail application is allowed.

¶16

Let the applicant Santosh Gupta @ Santosh Kumar Gupta, involved in Case Crime No.46 of 2021, under sections 420, 409, 406 I.P.C., P.S. PGI, 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:-

¶17

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

¶18

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

¶19

(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.

¶20

(iv) The applicant shall file an undertaking to the effect that he

¶21

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.

¶22

(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.

¶23

(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.

¶24

Order Date :- 17.12.2024 R.C.

¶25

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Moolchand Maurya Vs State of U.P. Thru. Prin. Secy. Home Lko and Another

Aman Chauhan Vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Vijay Kumar Vs State of U.P. Thru. Secy. Home Deptt. Lko and Another

Bimal Kumar Singh vs State of U.P. Thru. Prin. Secy. Forest Deptt. of Environment Forest/Climate Change and 3 Others

Pankaj Dubey @ Pankaj Kumar vs State of U.P. Thru. Prin. Secy. Home Lko and Another

Smt. Suman Lata vs State of U.P. Thru. Prin. Secy. Deptt. of Child Development and Nutrition Lko. and 3 Others