RAKESH KUMAR @ RAKESH CHANDRA GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO.
ABAIL/1240/2025 · 2025-11-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195004 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195004 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1240 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.206 of 2000 under sections 419, 420, 467, 468, 471, 409, 506 I.P.C., P.S. Kotwali Ayodhya, district Ayodhya (Faizabad). 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that upon enquiry, it was revealed that since 1996, the grant received for rehabilitation of the leprocy patients has not been utilised properly; rather has been usurped. It is further alleged that the signature of Radheyshyam Gupta, General Secretary, Bal Vikas Mahila Kalyan Parishad, Nawabganj, Gonda has been made by one Shyam Sundar Gupta. 4.Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The incident is of more than 25 years old. The charge sheet was filed in the year 2020. He has not received any summon or warrant. The offences are triable by Magistrate. The applicant has explained criminal history of two cases in para 8 of the supplementary affidavit. . During investigation, the applicant's arrest was protected vide interim order passed in Writ Petition No.5365(M/B) of 2000, as pleaded in para 18 of the bail application. Learned counsel for the applicant undertakes that the applicant shall Versus Counsel for Applicant(s) : Mohd. Nafeesh Quraishi, Anand Dubey Counsel for Opposite Party(s) : G.A. Rakesh Kumar @ Rakesh Chandra Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Lko. .....Opposite Party(s)
cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 6.Considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, the case is more than two decades old, charge sheet has been filed, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7.
7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. November 17, 2025 kkb/ ABAIL No. 1240 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench