Neutral Citation No. - 2025:AHC-LKO:42662 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11707 of 2024 Applicant :- Santosh Gupta @ Santosh Kumar Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ashok Kumar Mishra,Naseem Jahan,Pankaj Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The FIR is lodged on 05.09.2021 against nine persons including the applicant, alleging that the accused persons induced the informant and various other persons for making investment in Eye Vision India Credit Cooperation Society Limited/Anee Bullion and Industries Pvt. Ltd. and the amount invested has been usurped and was not refunded to the investors. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. The co- accused Anjani Kumar Kaushal, Vishnu Gupta, Shiv Kumar Goswami and Gyan Chand Kaushal have already been granted bail by coordinate benches of this Court vide orders dated 13.9.2023, 14.7.2023, 11.5.2023 and 22.5.2023 passed in Criminal Misc. Bail Application Nos. 11145 of 2023, 6388 of 2023, 1247 of 2023 and 6668 of 2023 respectively. The applicant is the employee of the Company. He is not a beneficiary of the alleged amount. Hence, he seeks parity. It is further submitted that the applicant has criminal history of 72 cases which have been lodged by the investors in the same style, out of which in 61 cases, he has been granted bail. He is languishing in jail since 10.8.2021. 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 applicant has explained the criminal history; he is incarcerated in jail for about four years i.e., since 10.8.2021, the alleged offences are triable by a Magistrate; 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- Santosh Gupta @ Santosh Kumar Gupta involved in Case Crime No. 634 of 2021, under Sections 409, 420, 506 IPC, Police Station- Gomtinagar, 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 :- 24.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench