HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24103 of 2024 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged against three persons including the applicant with the allegation that these accused on the pretext of getting registration of coaching centre of informant's son for CCC Diploma Home Exam, took Rs. 19,85,000/- from the informant. Learned counsel further submits that as per the statement of account Rs. 4,90,000/- was credited into the account of co- accused, Pradeep Kumar and Rs. 14,000,00/- was credited into the account of applicant, whereas the applicant has returned Rs. 10,65,000/- and remaining Rs. 3,38,000/- has been given by the applicant to the co- accused Pradeep Kumar. Thus, there is no amount remaining on the part of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that there is a criminal history of six cases into the credit of applicant, out of which in three cases he is on bail. The applicant is in jail since 23.12.2022. Versus Counsel for Applicant(s) : Abdul Wahab, Afshan Shafaut, Deepak Kumar Tripathi, Diwan Saifullah Khan, Gaurav Khare, Rashtrapati Khare, Ritvik Srivastava, Sunil Kumar Misra Counsel for Opposite Party(s) : G.A., Saurabh Tripathi, Shantanu Srivastava Mohit Kumar Gupta .....Applicant(s) State of U.P. .....Opposite Party(s) 3. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant but they could not dispute the facts asserted on behalf of application. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Mohit Kumar Gupta, be enlarged on bail in Case Crime No. 475 of 2022, under Sections 420, 406, 506, 467, 468, 471 I.P.C., Police Station- Haldaur, District- Bijnor, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 3, 2025 Mustaqeem. BAIL No. 24103 of 2024 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad