Neutral Citation No. - 2025:AHC:110148 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16370 of 2025 Applicant :- Kirti Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard Sri Kuldeep Kumar Gupta, learned counsel for the applicant, Sri Rakesh Kumar Maurya, learned counsel for the complainant and learned Additional Government Advocate representing the State. By means of this bai application, applicant Kirti Gupta, who is involved in Case Crime No.17 of 2025, under Sections 3(5), 338, 318(4), 336(3) B.N.S. and Section 66-D of Information Technology (Amendment) Act, police station Cyber Crime, district Kanpur Nagar, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, the informant has contacted ‘Elite Global Careers’ for a job in abroad and that on the pretext of providing job, an amount of Rs.28600/- was taken from him but no job was provided. It is contended by learned counsel for the applicant that the said company (Elite Global Careers) is owned by co-accused Vivek Agrnihotri and Hariom Pandey. The applicant was an employee in the said company, therefore, she has been falsely implicated whereas she is not beneficiary of the said amount, which has been extracted by the owner of company from the complainant adopting different modus operandi. It is further submitted that co-accused Areeba Ansari and Anurag Dixit have been granted by a co-ordinate Bench of this Court vide orders dated 06.06.2025 & 20.06.2025 in Criminal Misc. Bail Application Nos.16764 of 2025 & 17789 of 2025. The case of the present applicant stands on similar footing to that of co-accused Areeba Ansari and Anurag Dixit, hence applicant is also entitled for bail on the ground of parity. Lastly, it is submitted that the applicant has no criminal history to his credit and there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in judicial custody since 31.03.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned Additional Government Advocate representing the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that the case of co-accused Vivek Agnihotri and Hariom Pandey who are owner of the company Elite Global Careers and main beneficiary in the matter is distinguishable from the case of present applicant- Kirti Gupta as well as co-accused Areeba Ansari and Anurag Dixit. I also find that co-accused Areeba Ansari and Anurag Dixit under similar similar accusation has been granted bail as noted above. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant- Kirti Gupta, be released on bail in the aforesaid case crime number on 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. It is made clear that benefit/parity of this order shall not be extended to co-accused Vivek Agnihotri and Hariom Pandey. Order Date :- 10.7.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad