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2025 DAILYLAW 181399 (ALL)

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

BAIL/11900/2025 · 2025-12-01

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11900 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The present application has been filed seeking bail in Case Crime No.165 of 2020, under Sections 409, 406, 419, 420, 467, 468, 471, 506 and 120-B IPC, Police Station Baldirai, District Sultanpur. 3. Supplementary affidavit filed today is taken on record. 4. Learned counsel for the applicant submits that co-accused, Ajeet Kumar Gupta has been granted bail by this Court vide order dated 25.08.2025 passed in Criminal Misc. Bail Application No.2362 of 2025. He further submits that case of the applicant is at par with the co-accused. Therefore, the applicant is also entitled to be released on bail on the ground of parity. He has also submitted that in relation to the similar incident happened in the firm, 72 cases have been falsely registered against the applicant from 2020 to 2023. Applicant is in jail since 10.08.2021. 5. Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid submissions of learned counsel for the applicant. 6. Considering the over all facts and circumstances of the case, the fact that co-accused having similar role, has been granted bail by this Court, the applicant is entitled to be released on 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) 7. Let the applicant, Santosh Gupta @ Santsh Kumar Gupta be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :- (i) 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. (ii) 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 under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. It is made clear that observations made in this order are limited to the purpose of determination of this bail application and will, in no way, be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusion on the basis of evidence led unaffected by anything in this order. December 1, 2025 Rao/- BAIL No. 11900 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench