Rakesh Gupta v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13047 of 2023 Applicant :- Rakesh Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Amit Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Amit Srivastava, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in FIR No. 844 of 2022, under Sections 420, 409, 504 I.P.C., registered at Police Station Gomti Nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.0.2020 against three persons, not including the applicant stating that the applicant had invested Rs.18,000/- in Massayar Group of Companies under an allurement of lucrative return but no amount was paid to the informant.

¶4The applicant has been implicated subsequently as he was also Director of the Company. In the affidavit filed in support of the bail application, it has been stated that the applicant used to work as an employee of the co-accused Ratan Chand Dwivedi. The applicant is involved in 20 cases of similar nature, in 10 of which, he has already been enlarged on bail. The applicant has been languishing in jail since 10.07.2021.

¶5In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has not levelled any allegation against the accused; co-accused persons have already been granted bail; that the applicant has no previous criminal history and he is languishing in jail since

10.07.2021 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Rakesh Gupta be released on bail in FIR No. 844 of 2022, under Sections 420, 409, 504 I.P.C., registered at Police Station Gomti Nagar, District Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. . (Subhash Vidyarthi, J.) Order Date :- 3.11.2023 Virendra High Court of Judicature at Allahabad, Lucknow Bench