Neutral Citation No. - 2025:AHC-LKO:44469 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3213 of 2025 Applicant :- Ajeet Kumar Gupta Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Lko. Counsel for Applicant :- Chandra Shekhar Sinha,Akshat Sinha,Gaurav Verma,Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Rejoinder affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the applicant along with the co-accused persons have lured the investors and got invested Rs. 5 lakhs in Anee Bullion Traders by deceiving him and transferred the said amount to the account of Eye Vision India Credit Cooperative Society Limited. It is alleged that no money has been returned to the investors, rather the same has been usurped by the accused persons. Learned counsel for the applicant submits that the applicant is innocent. In this case, he is on remand since 23.8.2021. It is further submitted that the alleged offences are triable by a Magistrate. The applicant has duly explained the criminal history of 152 cases in para Nos.14 and 15 of the bail application. He is languishing in jail since 16.7.2020. Charge- sheet in the case has been filed. Thus, no purpose would be served in keeping the applicant behind bars. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the long period of incarceration gone into by the applicant so also the fact that the applicant is on remand since 23.8.2021 in this crime number; the alleged offences are triable by a Magistrate; the applicant has duly explained the criminal history; charge-sheet in the case has been filed; the trial has not commenced till date as well as the judgement of the Apex Court in re: Javed Gulam Nabi Shaikh vs. State of Maharashtra, 2024 SCC OnLine SC 1693 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Ajeet Kumar Gupta involved in Case Crime No. 975 of 2020, under Sections 409, 420, 506 IPC, Police Station- Gomti Nagar, District- Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (v) 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the 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 209 of B.N.S. Order Date :- 31.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench