Ajai Prakash Upadhyaya @ Ajai Upadhyay Vs State of U.P. Thru. Secy. Home Lko. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1397 of 2024

Ajai Prakash Upadhyaya @ Ajai Upadhyay .....Applicant(s) Versus State Of U.P. Thru. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Chandra Shekhar Sinha, Akshat Sinha, Gaurav Verma Counsel for Opposite Party(s): G.A.

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Court No. - 13

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Sri Chandra Shekhar Sinha, the learned counsel for the applicant as well as Sri Mayank Sinha, the learned A.G.A. for the State and perused the record.

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The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.702 of 2023, under Sections 409, 420, 467, 468, 471, 120-B I.P.C. registered at Police Station Gomti Nagar, District Lucknow.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 07.12.2023 against 12 persons, including the applicant, stating that the informant is well acquainted with co-accused Ajeet Gupta, as the complainant's wife and wife of Ajeet Gupta are cousins. Ajeet Gupta had told the complainant that he was running Anee Bullian Group of Companies and on his allurement, the informant had made investments in those companies but no return was paid to him on the investments.

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The applicant was an employee in the Company and merely his name has been mentioned in the F.I.R without assigning any specific role to him.

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ABAIL No. 1397 of 2024

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In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in 47 other criminal cases of similar nature has been disclosed in the affidavit, in all of which, he has been granted bail.

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The learned counsel for the applicant has submitted that the applicant has remained in custody since 18.08.2021 till 23.03.2024 and the present F.I.R was lodged when the applicant was already in custody but he was not taken on remand in connection with the present case.

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The learned A.G.A. has opposed the anticipatory bail application 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, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

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n view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Ajai Prakash Upadhyaya @ Ajai Upadhyay before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

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(i). that the applicant shall make themselves available for interrogation by a police officer as and when required;

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(ii) that 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) that the applicant shall not leave India without the previous permission of the court.

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ABAIL No. 1397 of 2024

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(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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(v). that the applicant shall not pressurize/ intimidate the prosecution witness.

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September 16, 2025 Preeti

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(Subhash Vidyarthi,J.)

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

Ajai Prakash Upadhyaya @ Ajai Upadhyay v. State of U.P. Thru. Secy. Home Lko. and Another

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Ajai Prakash Upadhyaya @ Ajai Upadhyay v. State of U.P. Thru. Secy. Home Lko. and Another

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