Rakesh Kumar Gupta Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 37993 of 2023

Rakesh Kumar Gupta

.....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Preete Chaudhary, Raman Pandey, Ravindra Prakash Srivastava, Satya Priya Mishra Counsel for Opposite Party(s) : G.A., Gaurav Kumar Shukla Court No. - 53

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HON'BLE AVNISH SAXENA, J.

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The bail application is specially assigned to this Court.

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List revised.

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Heard Shri Raman Pandey, learned counsel for applicant, Shri Gaurav Kumar Shukla, learned counsel for informant and learned A.G.A. for State, are present.

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The present bail application has been moved by the applicant accused- Rakesh Kumar Gupta to enlarge him on bail in Case Crime No. 31/2023, under Sections 406, 419, 420, 467, 468, 471, 506, 120B IPC, P.S.- Poorani Basti, District- Basti, during the pendency of trial.

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5.The FIR is lodged by the informant on 12.02.2023 against the accused applicant for duping him of Rs. 15 lakh for getting him a job in High Court as Review Officer.

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This Court vide order dated 29.01.2024 has directed the release of accused on interim bail on the condition of payment of Rs. 6 lakh to the account of informant. The order is reiterated underneath:-

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"1. Heard learned counsel for the applicant and learned A.G.A. for the State.

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2. By means of this bail application, the applicant- Rakesh Kumar Gupta, seeks to grant bail in Case Crime No. 31 of 2023, under section- 406,

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BAIL No. 37993 of 2023

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2

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419, 420, 467, 468, 471, 506, 120B I.P.C., Police Station- Poorani Basti, District- Basti, during the pendency of trial.

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3. At the very outset, the amount which has been mentioned in the F.I.R. has been fairly accepted by learned counsel for the applicant that Rs.12,00,000/- has been received in the account of applicant which he sent to one Ramesh Jaiswal's account. Learned counsel for applicant submitted that applicant is willing to deposit Rs. 6,00,000/- in the account of informant, but due to under incarceration the same could not be deposited by the applicant.

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4. Learned counsel for the applicant submitted that if the applicant be released on bail on conditional ground that he will deposit Rs. 6,00,000/within two months in the account of informant, in that case the entire allegation as fastened upon the applicant shall be omitted after deposition of the amount and the innocence of the applicant will also be proved.

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5. Learned A.G.A. however opposes the bail application, but at the same time showed his agreement only to the extent that in case the applicant is willing to deposit the amount to the tune of Rs. 6,00,000/-, the interim period may be extended in shape of bail in favour of the applicant.

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6. Considering the agreement as raised by learned counsel for the parties, the applicant be released on interim bail in the aforesaid case crime number for a period of three months. During that period if the amount of Rs. 6,00,000/- shall not be deposited in the account of informant, the interim order shall be ceased to an end automatically.

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7. List this matter on 1st week of May, 2024."

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The accused applicant could not deposit the amount which led to issuance of non bailable warrant against the accused and he is presently confined to jail. Learned counsel for applicant hands up supplementary affidavit annexing the copy of the draft of Rs. 6 lakh, which has been received before this Court upon the learned counsel for informant, the same is taken on record.

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Learned counsel for applicant submits that the trial is still at nascent stage and accused has been falsely implicated, as such, he prayed to allow the bail application.

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Learned counsel for informant has no objection in allowing the same, as

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BAIL No. 37993 of 2023

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3

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he has received the draft as is directed by this Court.

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Learned A.G.A. submits that accused applicant has taken Rs. 15 lakh from the informant for getting a job in High Court. He submits that it is an organized crime committed by the accused applicant and submits that the bail application of the accused applicant be rejected.

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This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record.

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Considering that this Court in order dated 29.01.2024 has already granted interim bail to the accused applicant, on condition which has now been complied. Moreover, the allegation is of taking money for providing a job in High Court, which is an unethical transaction.

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13.Hence, without touching merit of the case, the bail application is allowed .

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The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].

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The accused-applicant shall cooperate in judicial process for fair and speedy disposal.

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(Avnish Saxena,J.)

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February 20, 2026

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Sharad/-

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Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Rakesh Kumar Gupta v. State of U.P.

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Rakesh Kumar Gupta v. State of U.P.

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