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2025 DAILYLAW 169081 (ALL)

SANTOSH GUPTA @ SANTOSH KUMAR GUPTA v. STATE OF. U.P. THRU. PRIN. SECY. HOME LKO.

/12290/2024 · 2025-09-23

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12290 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Pankaj Kumar, holding brief of Shri Ashok Kumar Mishra, learned counsel for the applicant and Shri Mohd. Asif Khan, learned A.G.A.-I for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 702 of 2023, under Sections 409, 420, 120(B) I.P.C. registered at Police Station - Gomti Nagar, District - Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.12.2023 against 12 persons, including the applicant, stating that the informant had made investments in Anee Group of Companies but no refund has been made. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. Involvement of the applicant in 72 other cases has been disclosed in para 13 of the bail application and all the cases are of similar nature. Learned counsel for the applicant submitted that the applicant has been ordered to be released on bail in 67 cases. 5. The State has filed counter affidavit annexing therewith all the materials collected during the investigation and a copy of the charge sheet dated 02.12.2024. 6. In the present case, seven co-accused persons namely Neelam Kaushal, Smt. Manu Kaushal, Om Shankar Kaushal, Vasudev Goswami, Dharmendra Kaushal, Shiv Kumar Goswami and Ajeet Kumar Gupta have already been granted bail by this Court. Versus Counsel for Applicant(s) : Ashok Kumar Mishra Counsel for Opposite Party(s) : G.A. Santosh Gupta @ Santosh Kumar Gupta .....Applicant(s) State Of. U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. Co-accused Zalim, against whom the allegation of registration of sale deed has been levelled, has been granted bail by the Co-ordinate Bench of this Court by means of an order dated 11.04.2025 passed in CRIMINAL MISC. BAIL APPLICATION No. - 13089 of 2024. 8. Learned A.G.A. has opposed the bail application but he could not dispute the fact that allegations levelled against the applicant are similar to those levelled against the co-accused persons, who have already been granted bail. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact, I am of the view that the applicant is also entitled to be released on the ground of parity. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Santosh Gupta @ Santosh Kumar Gupta be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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 23, 2025 -Amit K- BAIL No. 12290 of 2024 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench