HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3114 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. As per the prosecution case, the F.I.R has been registered on 04.09.2021 against 8 persons including the applicant alleging therein that the informant has made investment in Anee Bullian Group of Company, but the said amount has been usurped by the applicant as well as the co-accused. 4. Learned counsel for the applicant submits that co-accused persons namely Ajeet Kumar Gupta and Santosh Gupta @ Santosh Kumar Gupta, who have been assigned similar role, have been granted bail by the coordinate bench of this Court vide orders dated 27.09.2023 and 31.10.2025, passed in Criminal Misc. Bail Application Nos. 11693 of 2023 and Criminal Misc. Bail Application Nos. 12512 of 2024 respectively. Hence, the present applicant seeks parity. 5. It is further submitted that the offence is triable by the Magistrate. The chargesheet in the case has been filed. The applicant is languishing in jail since 10.08.2021. The applicant has criminal history of 72 cases, out of 72 cases, the applicant has been granted bail in 67 cases, the specific plea regarding the same has been made in paragraph-13 of the bail application. 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. Versus Counsel for Applicant(s) : Ashok Kumar Mishra, Pankaj Kumar 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) 6. 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. 7. On due consideration to the submissions advanced, perusal of the record, the bail orders of the co-accused Ajeet Kumar Gupta and Santosh Gupta @ Santosh Kumar Gupta, as also the fact that the applicant has explained criminal history of 72 cases in paragraph-13 of the bail application and he is languishing in jail since 10.08.2021; the 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. 8. Accordingly, the bail application is allowed on the ground of parity. 9. Let the applicant- Santosh Gupta @ Santosh Kumar Gupta, involved in Case Crime No. 627 of 2021, under Sections 409, 420 and 506 I.P.C, P.S. Gomti Nagar, 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. BAIL No. 3114 of 2025 2 (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. (Karunesh Singh Pawar,J.) November 6, 2025 DiVYa BAIL No. 3114 of 2025 3 Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench