Ajeet Kumar Gupta v. State of U.P. Thru. Secy. Deptt. of Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14130 of 2023 Applicant :- Ajeet Kumar Gupta Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko Counsel for Applicant :- Chandra Shekhar Sinha,Akshat Sinha,Gaurav Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Akshat Sinha, the learned counsel for the applicant, Sri Gyanendra Singh, the 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 Case Crime No. 130 of 2021, under Sections 409, 420, 506 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

01.03.2021 against five named persons, including the applicant and unnamed officials of Eye Vision India Credit Cooperation Society Limited, alleging that the informant used to work as an agent of Eye Vision India Credit Cooperation Society Limited and several persons had made investments through him in the aforesaid company but upon maturity their money was not refunded.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

¶5The applicant's involvement in 130 cases has been disclosed in the affidavit and the learned counsel for the applicant has submitted that the applicant has been granted bail in two cases by means of orders dated 27.09.2023 ad

30.11.2023, passed in Criminal Misc. Bail Application No.11693 of 2023 and 14112 of 2023, respectively, after taking into consideration the fact that the applicant is languishing in jail since 16.07.2020 but the trial of not a single case has commenced till date.

¶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 without making any observation, which may affect the merits of the case and keeping in view the long incarceration of the applicant without even commencement of trial, 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-Ajeet Kumar Gupta be released on bail in the aforesaid case 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 :- 1.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench