Neutral Citation No. - 2025:AHC-LKO:36263 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5546 of 2025 Applicant :- Achaleshwar Gupta Alias Bablu Gupta Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Varun Chandra,Awdhesh Kumar Kumar Singh Suryavanshi,Vivek Verma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in FIR/ Case Crime No. 424 of 2022, under Sections 419, 420, 467, 468, 471, 120B IPC, Police Station Gomti Nagar, District Lucknow. 4. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is neither seller, purchaser or marginal witness of sale deed in question and on the basis of suspicion, he has been implicated. He submits that the identically situated co-accused - Chandra Shekhar Singh has already been enlarged on bail in Criminal Misc. Bail Application No.3496 of 2023 vide order dated 03.03.2023 and he is seeking parity to the same. He also submits that the applicant has explained criminal history in para 16 of the bail application and he is a law abiding citizen and he is languishing in jail since 28.03.2025 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. 5. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief but could not dispute the fact that the identically situated co-accused has already been enlarged on bail.. 6. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 28.03.2025; prima facie, the applicant is neither seller, purchaser or marginal witness of sale deed in question and on the basis of suspicion, he has been implicated; the applicant is seeking parity to the co-accused person who has already been enlarged on bail; there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. 7. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 8. Let the applicant- Achaleshwar Gupta Alias Bablu Gupta involved in the aforementioned crime 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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 (Now Section 269 BNS); (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. (Now Section 351 BNSS); and (4) 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. (Now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (Now Section 209 BNS). The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 24.6.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench