Santosh Gupta @ Santosh Kumar Gupta v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14531 of 2023 Applicant :- Santosh Gupta @ Santosh Kumar Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Ashok Kumar Mishra,Pankaj Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Shri Pankaj Kumar, learned counsel for the applicant, Ms. Charu Singh, 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. 832 of 2020, under Sections 409, 419, 420, 467, 468, 471, 504, 120-B IPC, Police Station Gomti Nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of an FIR lodged on 26.10.2020 against fifteen persons, including the applicant, stating that the informant had made some investment in Ani Bullion Group/ Eye Vision India Credit Cooperation Society Limited but upon maturity, the amount invested was not repaid to her.

¶4In the affidavit filed in support of the bail application, in para 7 and 8 the applicant was neither a Director nor any other principal position holder of the company.

¶5Applicant's criminal history of 28 cases has been disclosed in para 13 of the affidavit, all of which relate to transactions of the aforesaid society. In 12 cases, the applicant has already been granted bail.

¶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 fact that the grievance of the informant is regarding non refund of money invested in a company and he is not a director thereof that the applicant has already been granted bail in several other cases of similar nature, I am of the view that the applicant is entitled to be released on bail in this case also.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Santosh Gupta @ Santosh Kumar Gupta be released on bail in Case Crime No. 832 of 2020, under Sections 409, 419, 420, 467, 468, 471, 504, 120-B IPC, 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. Order Date :- 13.12.2023 Raj High Court of Judicature at Allahabad, Lucknow Bench