Santosh Gupta @ Santosh Kumar Gupta Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Santosh Gupta @ Santosh Kumar Gupta Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Santosh Gupta @ Santosh Kumar Gupta on bail in Case Crime No. 370 of 2022 on furnishing a personal bond and two sureties each in the like amount, subject to conditions: (i) not to tamper with prosecution evidence; (ii) not to pressurize prosecution witnesses; (iii) to appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant, alleged to be involved in 72 similar cases, is entitled to release on bail in Case Crime No. 370 of 2022. +1 more

Ratio / Principle

Considering that the applicant has been in jail since 10.08.2021 for more than four years without even commencement of trial, and that co-accused Ajeet Kumar Gupta has already been granted bail, the applicant is entitled to be released on bail in the present case.

Key takeaways

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court.ratio¶23

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Criminal Misc. Bail Application No. 9156 of 2024, decided 19.09.2025 by Subhash Vidyarthi, J. Applicant Santosh Gupta @ Santosh Kumar Gupta, accused in Case Crime No. 370 of 2022 under Sections 409, 420 IPC, PS Gomti Nagar, District Lucknow (F.I.R. dated 19.05.2022 alleging unpaid maturity on an investment in Anibuliean Traders), was granted bail. Grounds relied on by the Court: incarceration since 10.08.2021 exceeding four years without commencement of trial in any case, and parity with co-accused Ajeet Kumar Gupta already granted bail on 16.12.2023 in Bail Application No. 14759 of 2023. Counsel had submitted that the applicant is involved in 72 similar cases with bail already granted in 65. Release ordered on a personal bond and two sureties each in the like amount, subject to non-tampering, non-intimidation of witnesses, and attendance on all trial dates. The learned A.G.A. opposed the prayer but could not dispute these aspects.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 9156 of 2024

Santosh Gupta @ Santosh Kumar Gupta

.....Applicant(s) Versus

State Of U.P. Thru. Prin. Secy. Home Lko.

.....Opposite Party(s)

Counsel for Applicant(s) : Ashok Kumar Mishra Counsel for Opposite Party(s) : G.A.

Court No. - 13

HON'BLE SUBHASH VIDYARTHI, J.

Heard Shri Satyam Mishra, Advcate holding brief of Shri Ashok Kumar Mishra, learned counsel for the applicant, Shri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the records.

The instant application has been filed seeking release of the applicants on bail in Case Crime No.370 of 2022, under Sections 409, 420 IPC, Police Station Gomti Nagar District Lucknow.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.05.2022 against 4 persons including the applicant stating that the informant had made investment in Anibuliean Traders, but upon maturity no amount was paid to him.

The learned counsel for the applicant has submitted that the applicant has been involved in 72 cases, which are similar in nature, and the applicant has already been granted in 65 cases.

In the affidavit filed in support of the application, it has been stated that the applicant has been falsely implicated in the present case.

It has been submitted by the learned counsel for the applicant that the applicant is languishing in jail since 10.08.2021 but trial of any of the cases has not commenced till date.

Co-accused Ajeet Kumar Gupta has already been granted bail by means of an order dated 16.12.2023 passed by this Court in Bail Application

BAIL No. 9156 of 2024

2

No.14759 of 2023.

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

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 10.08.2021 for past more than 4 years without even commencement of trial and co-accused Ajeet Kumar Gupta has already been granted bail, I am of the view that the applicant is entitled to be released on bail in the present case.

Accordingly, this bail application stands allowed.

Let the applicant- Santosh Gupta @ Santosh Kumar Gupta be released on bail in the aforesaid 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:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

September 19, 2025 S. Shivhare

(Subhash Vidyarthi,J.)

Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench