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2025 DAILYLAW 169259 (ALL)

AJEET KUMAR GUPTA v. STATE OF U.P. THRU. SECY. DEPTT. LKO

BAIL/12436/2024 · 2025-09-11

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12436 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Chandra Shekhar Sinha, learned counsel for the applicant, Shri Manish Vikram Singh Chauhan, learned A.G.A. 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. 876 of 2020, under Sections 409, 420, 506 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 04.11.2020 against 6 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 152 other cases has been disclosed in para 13 of the bail application and all the cases are of similar nature. 5. The State has filed counter affidavit annexing therewith all the materials collected during the investigation and a copy of the charge sheet dated 27.10.2021. 6. Applicant's involvement in 152 cases of similar nature has been Versus Counsel for Applicant(s) : Chandra Shekhar Sinha, Akshat Sinha, Gaurav Verma, Vivek Kumar Shukla Counsel for Opposite Party(s): G.A. Ajeet Kumar Gupta .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Lko .....Opposite Party(s) disclosed in the affidavit and in 109 cases, the applicant has already been granted bail. In the present case, co-accused persons namely Santosh Gupta, Anjani Kumar Kaushal, Dharnidhar Upadhyay, Ajay Prakash Upadhyay and Ashish Tiwari have already been granted bail by this Court. The copies of their bail orders have been annexed with the affidavit. 7. 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. 8. Having considered the aforesaid facts and circumstances of the case and without making any observation, which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on the ground of parity. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Ajeet 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, unless his appearance is exempted by the learned trial court. September 11, 2025 Ram. BAIL No. 12436 of 2024 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench