SANTOSH GUPTA @ SANTOSH KUMAR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.
BAIL/2888/2025 · 2025-06-16
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132282 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132282 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35716 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2888 of 2025 Applicant :- Santosh Gupta @ Santosh Kumar Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Ashok Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.798 of 2020, under Sections 409, 420 I.P.C., Police Station- Gomti Nagar, District- Lucknow. 3. Learned counsel for the applicant submits that in the present case, the main accused namely Ajeet Kumar Gupta has already been granted bail by this Court vide order dated 21.09.2024 passed in Criminal Misc. Bail Application No.1659 of 2024. He has also submitted that the applicant was the employee of the company in question. As the investors lodged several cases against the company, the applicant was also dragged in 72 cases. In the present case, the applicant is in jail since
10.08.2021. He has submitted that charge has already been framed but till today not even a single witness has been examined. In these circumstances, the applicant is also entitled for bail. The applicant is ready to co-operate in the investigation. In case the applicant is enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has vehemently opposed the prayer of the applicant for grant of bail but he does not dispute the fact that the main accused namely Ajeet Kumar Gupta has already been granted bail by this Court vide order dated 21.09.2024 passed in Criminal Misc. Bail Application No.1659 of 2024. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, bail order of the main accused namely Ajeet Kumar Gupta, ground of parity as well as totality of fact and circumstances, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6.
Let applicant - Santosh Gupta @ Santosh Kumar Gupta be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 under Section 229-A IPC. (v) 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., may be issued and if 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. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 16.6.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench