MADAN GUPTA v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO.
/8707/2025 · 2025-09-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163650 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163650 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8707 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Shri Karuna Shanker Rastogi, learned counsel for the applicant and Shri Avishesh Kumar Singh, learned A.G.A. for the State. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 30 of 2025, under Sections 406, 420, 467, 468, 471, 504, 506, I.P.C., registered at Police Station Paraspur, District Gonda. 4. The aforesaid case has been registered on the basis of F.I.R. lodged on 28.01.2025 against three persons including the applicant and two other named persons- Chandan Dixit and Harveer Singh @ Kaku Sardar, stating that co-accused Chandan Dixit had induced the complainant to make investments in mining business being carried out by him in partnership with the other two co-accused persons. The complainant has stated that he had paid Rs. 40 Lakhs to Madan Gupta (applicant) through R.T.G.S and he had paid Rs. 10 Lakhs in cash to Chandan Dixit and Chandan Dixit had entered into a partnership agreement with him. Later on, it transpired that the co- accused Chandan Dixit had induced the complainant to enter into a partnership and make investments on the basis of some documents which turned out to be forged. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in five other criminal cases has been disclosed in para 32 of the affidavit filed in support of the bail application, in two cases, the applicant's name has not been included in the charge-sheet, in one case the applicant's arrest has been stayed, in one case Versus Counsel for Applicant(s) : Karuna Shanker Rastogi Counsel for Opposite Party(s) : G.A. Madan Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. .....Opposite Party(s)
the applicant has been ordered to be released on bail and in the other case he has not received any summon. 6. Co-accused Harveer Singh @ Kaku Sardar Kakay Sardar has been granted bail by means of an order dated 18.08.2025 passed by this Court in Bail Application No.7628 of 2025.
Another co-accused Chandan Dixit has been granted anticipatory bail by means of an order dated 07.07.2025 passed by the Co-ordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application u/s 482 BNSS No.704 of 2025. 7. The learned A.G.A. has opposed the prayer for bail and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 05.06.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. contains essentially alleged investment made under an agreement entered into between the complainant with co-accused Chandan Dixit and the applicant was not a party to the agreement; that the co-accused Chandan Dixit has already been granted anticipatory bail and another co-accused Harveer Singh has been granted bail and that the applicant is languishing in jail since 16.04.2025 whereas the investigation already stands concluded, I am of the view that the applicant is entitled to be enlarged on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Madan Gupta be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. September 12, 2025 S. Shivhare BAIL No. 8707 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench