Allowed

Sachin Kumar Gupta @ Sachin Lal Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC30 Jan 2026BAIL/571/2026

Case brief

AI extract

What is this about?

This high court bail application was filed by Sachin Kumar Gupta challenging his remand in a BNS and Income Tax Act case. The court granted bail citing parity with co-accused and lack of criminal history without delving into the case merits.

What did the court decide?

Released on bail on furnishing personal bond of Rs. 25,000 and two reliable sureties, subject to standard bail conditions.

Sachin Kumar Gupta @ Sachin Lal Gupta vs State of U.P… — Bail and Remand | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 571 of 2026

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Sachin Kumar Gupta @ Sachin Lal Gupta

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.....Applicant(s)

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Versus

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

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.....Opposite Party(s) Counsel for Applicant(s) : Siddhartha Sinha, Ram Chandra Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 13

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HON'BLE SAURABH LAVANIA, J.

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Heard Shri Ram Chandra Singh and Sri Siddhartha Sinha, learned counsels for the applicant, Shri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the record.

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The present application has been filed on behalf of the applicant seeking bail in FIR/Case Crime No.0288/2025, under Sections 319 (2), 318(4), 338, 336, 340(2), 111(3), 3(5) of BNS, 2023 and Section 66 C I.T. Act, Police Station - Gudamba, District - Lucknow.

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While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case.

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Learned counsel for the applicant has further stated that co-accused namely Abhay, Sohail, Patel Rakeshkumar Prahladbhai @Rakhesh Prahlad , Gosvami Govindbharti @Gosvami Govind Bhai, Govind Bhai Mangalbhai Prajapati @Govindbhai having similar role have already been enlarged on bail by this Court vide order(s) dated 16.01.2026, 27.01.2026, 27.01.2026,27.01.2026, 27.01.2026, passed in Criminal Misc. Bail Application No. 222 of 2026, Criminal Misc. Bail Application No. 11224 of 2025, Criminal Misc. Bail Application No. 9417 of 2025, Criminal Misc. Bail Application No.9432 of 2025, Criminal Misc. Bail Application No. 9414 of 2025. Copies of bail order of co-accused have been placed before this Court. The relevant portion of the order referred dated 16.01.2026, passed in Criminal Misc.Bail Application No.222 of 2026 is extracted herein under :-

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" 1. Heard Sri Arun Sinha, learned Senior Advocate who appeared on behalf of applicant along with his assisting counsel and Sri Rajesh Kumar Shukla, learned A.G.A for the State, who has received the instructions and is ready to argue the case on merits, and also perused the record.

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2. The present bail application has been filed on behalf of the applicant seeking bail in F.I.R No. 288 of 2025, under Sections 319(2), 318(4), 338, 336, 340(2), 111(3), 3(5) of B.N.S. & Section 66C of I.T. Act, Police Station-Gudamba, District-Lucknow.

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3. Learned counsel for the applicant submits that offences indicate under Section 111 of the

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BAIL No. 571 of 2026

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B.N.S., which relates to organized crime, is not made out against the applicant as for the purposes of attracting under Section 111 B.N.S. the prosecution has to establish that applicant is continuing in unlawful activities as explained in Explanation (ii) to Section 111 B.N.S. according to which the prosecution has to establish that against the applicant or any other coaccused more than one charge-sheets have been filed and this aspect of the case is completely missing .

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4. In continuation, it is further stated that prior to this F.I.R. which is basis of the pending criminal proceedings, the applicant and other co-accused have not been charge-sheeted.

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5. On being asked, learned A.G.A. on the basis of instructions received could not dispute the aforesaid aspect of the case.

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6. It is further stated that the prosecution would not be able to establish before the trial court the allegations leveled in the F.I.R. for the reason that the witnesses of the prosecution are only police personnel and to attract the offences indicated in the F.I.R. some aggrieved persons are required.

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7. It is further submitted that perusal of the Section 318 of B.N.S. would indicate that someone should be deceived by the accused and in the present case no one has leveled allegations against the applicant or any other co-accused to attract Section 318 B.N.S.

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8. It is further stated that the perusal of the charge-sheet would indicate that with regard to alleged recovery shown from the possession of the applicant and other co-accused related to ATM Cards, pass-books, cheque-books etc. the police personnel has not obtained any expert opinion which could establish that the alleged recovery of ATMs, pass-books, cheque-books etc. are/were not genuine.

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9. In these circumstances, the applicant, who has no criminal history and is languishing in jail since 23.07.2025, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses.

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10. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also that the applicant is having no criminal history and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed.

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11. Let the applicant -Abhay Mishra be released on bail in the aforesaid case crime number ............"

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In these circumstances, the applicant is also entitled to be released on bail on the ground of parity. It is further stated that the applicant having no criminal history to his credit and is in jail since 23.07.2025 undertakes that if the applicant is released on bail he would appear on each and every date fixed in the trial and he will not misused the liberty of bail granted by this Court and will cooperate in trial and would also not

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BAIL No. 571 of 2026

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influence the prosecution witnesses.

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Learned A.G.A. vehemently opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel including that coaccused have already been released on bail by this Court.

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Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents, as also the fact that co-accused have already been released on bail and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed.

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Let the applicant - Sachin Kumar Gupta alias Sachin Lal Gupta be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/and two reliable sureties, out of which one should be of the family member, in the like amount to the satisfaction of the court concerned, subject to following conditions :-

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(i) The applicant will cooperate with the prosecution during trial.

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

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

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(iv) The applicant shall not commit an offence.

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(v) 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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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions 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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As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order.

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January 30, 2026 Jyoti/-

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(Saurabh Lavania,J.)

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Sachin Kumar Gupta @ Sachin Lal Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Sachin Kumar Gupta @ Sachin Lal Gupta v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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