Ajeet Kumar Gupta v. State of U.P. Thru. Secy. Deptt. Home Annexe Bhawan, Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14234 of 2023 Applicant :- Ajeet Kumar Gupta Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Annexe Bhawan, Lucknow 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 Rakesh Kumar Singh, the learned AGA for the State and perused the records.

¶2The instant application has been filed seeking release of the applicants on bail in Case Crime No.829 of 2020, under Sections 409, 419, 420, 504 IPC, Police Station Gomti Nagar District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.10.2020 against 15 persons including the applicant stating that the informant had made investment in Anibuliean Traders, but upon maturity no amount was paid to him. In para-14 of the affidavit, it has been stated that the applicant has been involved in about 130 cases but he does not know particulars of all the cases and particulars of 50 cases have been disclosed in the affidavit, in eight of which the applicant has been granted bail.

¶4In the affidavit filed in support of the application, it has been stated that the applicant has been falsely implicated in the present case.

¶5It 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.

¶6The State has filed a counter affidavit and in response to the plea taken in the affidavit filed in support of the bail application that the applicant is languishing in jail cine 16.07.2020 and trial of the case has not commenced till date, it has been stated in the counter affidavit that the charge sheet has been submitted against the applicant but the investigation is still going on.

¶7Having 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 and the applicant has been granted bail in 10 cases of similar nature, I am of the view that the applicant is entitled to be released on bail in the present case.

¶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 :- 16.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench