Achaleshwar Gupta @ Bablu Gupta vs State of U.P. Thru. Addl. Chief Secy. (Home) Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 5495 of 2025

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Achaleshwar Gupta @ Bablu Gupta

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.....Applicant(s)

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	Versus
State Of U.P. Thru. Addl. Chie	f Secy. (Ho	me) Lko.	.....	Opposite Party(s)
Counsel for Applicant(s)	: Varun Kumar Verma	Chandra, Singh	Awdhesh Suryavanshi,	Kumar Vivek
Counsel for Opposite Party(s)	: G.A.

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Court No. - 15

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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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It is alleged in the prosecution case that that one Balak Das has sold plot No.3/250 Vinamra Khand, Gomti Nagar Yojana, Lucknow on 22.10.2020 in favour of one Rekha Nishad and in the sale deed it has been averred that this property has been purchased by him through LDA by a registered sale-deed dated 9.11.2000 which is forged and fabricated.

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Learned counsel for the applicant submits that co-accused Balak Das, who was the purchaser, has already been granted bail by this Court vide order dated 16.04.2025 passed in Criminal Misc. Bail Application No. 404 of 2025. Similarly, another co-accused, Ram Bahadur Singh, has also been enlarged on bail vide order dated 02.07.2025 passed in Criminal Misc. Bail Application No. 5928 of 2025. The applicant, therefore, seeks parity with the aforesaid orders of the co-accused.

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It is further submitted that the applicant is merely a bona fide witness in the matter. The offences alleged are triable by a Magistrate. It is also contended that prior to the lodging of the present FIR, the applicant had no criminal history. After his arrest, however, two cases were initially registered against him, followed by three more. Moreover, no civil suit for cancellation of the sale deed in question has been instituted.

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BAIL No. 5495 of 2025

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2

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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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the facts that the aforementioned co-accused have already been granted bail, the offences are triable by a Magistrate, the charge sheet has been filed, and the applicant is in custody since 28.05.2025, I am of the view that it is 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 Achaleshwar Gupta @ Bablu Gupta involved in Case Crime No.818 of 2022 under sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. 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 in

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BAIL No. 5495 of 2025

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3

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accordance with law.

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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. (now Section 84 BNSS) 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 IPC (now Section 209 of BNS).

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It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

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(Karunesh Singh Pawar,J.)

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October 13, 2025 R.C.

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

Achaleshwar Gupta @ Bablu Gupta v. State of U.P. Thru. Addl. Chief Secy. (Home) Lko.

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Achaleshwar Gupta @ Bablu Gupta v. State of U.P. Thru. Addl. Chief Secy. (Home) Lko.

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