Neutral Citation No. - 2025:AHC-LKO:48600 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13924 of 2023 Applicant :- Gayatri Prasad Prajapati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Sinha,Naved Ali,Sandeep Yadav,Siddhartha Sinha,Umang Agarwal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Siddhartha Sinha, the learned counsel for the applicant, Sri Vinod Kumar Shahi, learned Additional Advocate General assisted by Sri Anurag Verma, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 163 of 2020, under Sections 506, 386, 388, 419, 420, 467, 468, 471, 120B IPC, Police Station Gomti Nagar Vistar, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.09.2020 against the applicant, his son Anil Kumar Prajapati, another named accused Savita Pathak and an unknown person, stating that the informant was director of a company of the applicant. Co-accused Savita Pathak had lodged an FIR bearing Case Crime No. 29/2017 alleging commission of rape by the applicant and to save his skin in that case, the applicant entered into a settlement with co-accused Savita Pathak. He transferred some properties in favour of Savita Pathak and he pressurized the informant to transfer a plot of land worth Rs. 90 lakh, standing in the name of the informant's wife, to Savita Pathak. The informant alleged that the applicant was threatening him for handing over possession of the land to Savita Pathak. 4. In the affidavit filed in support of the bail application, the applicant's involvement in 9 other criminal cases has been disclosed. In 2 cases, the applicant stands acquitted, in 6 cases he has been granted bail and in one case relating to offence under Section 376 IPC, the applicant has been convicted and his appeal is pending consideration. 5. The learned counsel for the applicant has submitted that the applicant had filed an application for discharge before the trial court on which submissions were heard on 29.09.2023 but the trial court has not passed any order on his discharge application. He has submitted that although the applicant has spent almost five years incarceration, the trial is yet to commence. 6. Co-accused Savita Pathak has been granted bail by means of an order dated 09.04.2024 passed by this Court in Criminal Misc. Bail Application No. 554 of 2024. Co-accused Anil Kumar Prajapati has already been granted bail passed by the Session Court on 06.03.2021. 7. The learned Additional Advocate General has vehemently opposed the bail application and he has submitted that the applicant has abused his position as a minister of the State and thereafter he has pressurized the complainant to transfer valuable property standing in the name of his wife to win over the victim/witness of rape case. He has submitted that the sale deeds were executed under pressure by the applicant without payment of any valid consideration which establishes that the applicant has abused his official position to threaten the complainant to transfer his property without receipt of any consideration. He has submitted that the conduct of the applicant, more particularly keeping in view the position which he holds, makes out a heinous offence which disentitles him to be released on bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 08.10.2020 and the trial is yet to commence and that both the other named co-accused persons have already been granted bail. I am of the view that the applicant is also entitled to be released on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Gayatri Prasad Prajapati be released on bail in the aforesaid 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. Order Date :- 19.8.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench