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2025 DAILYLAW 112264 (ALL)

AJAY KUMAR GUPTA v. STATE OF U.P.

BAIL/46463/2024 · 2025-04-23

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63814 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46463 of 2024 Applicant :- Ajay Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Mani,Love Lesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that applicant is named along with 19 other persons and 20 unknown. The allegation is that the accused persons took huge amount from the investors and issued forged receipts to them. On the same allegations and having similar role two accused namely, Ram Abhilakh Maurya and Babu Lal Gupta, have already been enlarged on bail. The case of applicant is is not on the worse footing than that of the co-accused, Ram Abhilakh Maurya and Babu Lal Gupta, therefore, the applicant may also be enlarged on bail on the ground of similar role assigned to him. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 03.08.2024. As to the criminal history, that has been explained. 3. Learned A.G.A. for the State has opposed the prayer for bail but he could not dispute that the role of applicant is similar to that of those two co-accused who have already been enlarged on bail. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Ajay Kumar Gupta, be enlarged on bail in Case Crime No. 05 of 2022, under Sections 406, 419, 420 I.P.C., Police Station- Jigna, District- Mirzapur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 24.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad