Neutral Citation No. - 2025:AHC-LKO:43074 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5950 of 2025 Applicant :- Achaleshwar Gupta @ 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 Karunesh Singh Pawar,J. Counter 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 an F.I.R. has been lodged by the Deputy Secretary of the Lucknow Development Authority regarding forgery committed in the sale of House No.3/583 Vaastukhand, Gomti Nagar, Lucknow wherein it is alleged that one Santram Maurya vide sale deed dated 23.10.2018 has sold this house to one Jeet Bahadur wherein it has been stated by seller that this property has been registered by the Lucknow Development Authority in his name on 29.09.2000. It is alleged that this claim of the seller is forged. The seller and purchaser in connivance with an employee of the Lucknow Development Authority namely Kuldeep Kumar, Junior Clerk who by committing forgery has shown this house in the computer records of the Lucknow Development Authority. The entire conspiracy has been done to usurp aforesaid house. Learned counsel for the applicant submits that only general role has been assigned in the prosecution case against the applicant. He is neither a seller nor a purchaser or a marginal witness. He next submits that the co-accused Vijay Pal Singh and Kuldeep Kumar have been granted anticipatory bail by this Court vide orders dated 11.7.2025 and 23.1.2025 passed in Criminal Misc. Anticipatory Bail Application Nos. 772 of 2025 and 104 of 2025 respectively. Another co-accused Ram Bahadur Singh has been granted regular bail by a coordinate bench of this Court vide order dated 26.6.2025 passed in Criminal Misc. Bail Application No. 5706 of 2025. Hence, the present applicant claims parity. It is further submitted that the alleged offences are triable by a Magistrate. The applicant has duly explained the criminal history in para no. 14 of the bail application and he is languishing in jail since 28.3.2025. 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 bail orders of the above named co-accused persons so also the fact that the alleged offences are triable by a Magistrate; the applicant has duly explained the criminal history; he is languishing in jail since 28.3.2025; charge-sheet in the case has been filed 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 on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Achaleshwar Gupta @ Bablu Gupta involved in Case Crime No. 798 of 2022, under Sections 419, 420, 467, 468, 471, 120-B of IPC, P.S. 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 :- 25.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench