HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9439 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Vakalatnama filed by Sri Bipin Kumar Rai, Advocate on behalf of the complainant is taken on record. 2. Heard Sri Amrendra Singh Somvanshi, the learned counsel for the applicant, Smt. Kamlesh Kumari, the learned A.G.A. for the State, Sri Bipin Kumar Rai, learned counsel for the complainant and perused the record. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.258/2025, under Sections- 420, 467, 468, 471, 34 I.P.C., registered at Police Station- Para, District- Lucknow. 4. The aforesaid case has been registered on the basis of F.I.R. lodged on 03.04.2025 against five persons including the applicant and his wife- Reena Gupta stating that the complainant and other victims have been lured by the applicant and his wife 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. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case. The applicant's involvement in another case has been disclosed in the paragraph no.18 affidavit, in which, he has not received any summon. Versus Counsel for Applicant(s) : Amrendra Singh Somvanshi Counsel for Opposite Party(s) : G.A. Ravi Gupta .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Sectt. Lko. .....Opposite Party(s) 6. Applicant's wife co-accused- Reena Gupta has already been granted bail by a Coordinate Bench of this Court vide order dated 15.07.2025 passed in Criminal Misc. Bail Application No.6506/2025. 7. Learned counsel for the applicant has submitted that the co-accused Reena Gupta was granted bail after taking into consideration the undertaking given through her counsel that after her release from bail, she will enter into a settlement agreement with the complainant. 8. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and the investigation in the present case is still going on. 9. Learned counsel for the complainant has submitted that the applicant himself had filed the affidavit on behalf of the co-accused Reena Gupta and he had undertaken to pay the money to the complainant and he has not fulfill the undertaking and, therefore, the applicant is not entitled to be released on bail. 10. In reply to the submission aforesaid, learned counsel for the applicant has submitted that in the case of Gajanan Dattatray Gore v. State of Maharashtra, reported in 2025 SCC OnLine SC 1571 the Hon'ble Supreme Court has held that the bail application cannot be decided on an undertaking to make payment of any money, therefore, the violation of undertaking to pay any money cannot be a ground to reject the bail application of the accused person. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the co-accused Reena Gupta has already been granted bail, coupled with the fact that the applicant is languishing in jail since 03.09.2025 whereas the investigation is still going on, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Ravi 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 BAIL No. 9439 of 2025 2 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 26, 2025 V. Sinha BAIL No. 9439 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench