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2025 DAILYLAW 151316 (ALL)

REENA GUPTA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO.

BAIL/6506/2025 · 2025-07-15

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40257 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6506 of 2025 Applicant :- Reena Gupta Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. Counsel for Applicant :- Amrendra Singh Somvanshi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Bipin Kumar Rai, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. The accused-applicant seeks bail in Case Crime No.258 of 2025 under Section 420, 467, 468, 471, 34 IPC, Police Station Para, District Lucknow. In the prosecution case, it is alleged that the informant and other victims have been lured by the applicant and her husband upon a promise to provide them residential accommodations in DUDA on the pretext of bribing the officers of the said agency. It is further alleged that they received money from the victims on the basis of forged allotment letters/possession letters issued by them. Learned counsel for the applicant submits that the offence alleged is triable by Magistrate. The applicant is a lady. She has explained the criminal history in paragraph 18 of the bail application. It is further submitted that the applicant is in jail since 21.05.2025 in the present case. Learned A.G.A. has opposed the prayer for bail and submitted that there exists a criminal history of a similar nature in three cases. However, it is not disputed that in one of those cases, the applicant has already been enlarged on bail. Learned counsel for the complainant has also opposed the bail prayer and submitted that the cheque issued by the complainant has been encashed by the present applicant and her husband. In rebuttal, learned counsel for the applicant submits that after her release from jail, the applicant undertakes to enter into a settlement with the complainant within a period of two months from the date of her release. I have considered the submissions advanced by learned counsel for the parties and perused the material on record. On due consideration of the undertaking given by learned counsel for the applicant, and keeping in view the fact that the applicant is in jail since 21.05.2025 in the present case and since 21.12.2024 in another case, the offence is triable by Magistrate, the applicant is a lady, and the criminal history has been duly explained, without expressing any opinion on the merits of the case, I find it to be a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Reena Gupta be released on bail in the aforesaid First Information Report number, subject to her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize or intimidate the prosecution witnesses. (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 them 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 she 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 the 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 her counsel. In case of her absence without sufficient cause, the trial court may proceed against her under Section 229-A of the IPC (now Section 269 BNS). (vi) In case the applicant misuses the liberty of bail during trial and, in order to secure her 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, then, the trial court shall initiate proceedings against her in accordance with law under Section 174-A of the IPC (now Section 209 BNS). Order Date :- 15.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench