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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14804 of 2023 Applicant :- Ajeet Kumar Gupta Opposite Party :- State Of U.P. Thru. Secy. Deptt. 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 Chandra Shekhar Sinha, the learned counsel for the applicant, Sri Puneet Kumar Yadav, the learned State Counsel and perused the records.

¶2The instant application has been filed seeking release of the applicants on bail in Case Crime No.400 of 2022, under Sections 409, 420 IPC, Police Station Gomti Nagar District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.06.2022 against the applicant stating that the informant had made investment in Ani Bullian Traders, but upon maturity no amount was paid to him.

¶4In para-14 of the affidavit filed in support of the bail application, it has been stated that the applicant has been involved in about 133 cases but he does not know particulars of all the cases and particulars of 50 cases have been disclosed in the affidavit, in 9 of which, the applicant has been granted bail.

¶5In the affidavit filed in support of the application, it has been stated that the applicant has been falsely implicated in the present case.

¶6It has been submitted by the learned counsel for the applicant that the applicant is languishing in jail since 16.07.2020 but trial of any of the cases has not commenced till date.

¶7The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 16.07.2020 for past more than 3 years without even commencement of trial, I am of the view that the applicant is entitled to be released on bail in the present case.

¶9Accordingly, this bail application stands allowed.

¶10Let 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 :- 15.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench