ABHINAV SINGH ALLEGED @ DR RAJIV GUPTAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 12907 of 2026

Abhinav Singh Alleged @ Dr Rajiv Gupta
                                                               .....Applicant(s)
                                    Versus
State of U.P.
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)                             :    Vijit Saxena
Counsel for Opposite Party(s)                        :    G.A.

Court No. - 66
                       HON'BLE SAMEER JAIN, J.

1. Supplementary affidavit filed by the applicant is taken on record.

2. Heard Sri Vijit Saxena, learned counsel for the applicant and Sri Rajeev
Dhar Dwivedi, learned AGA for the State.

3. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 1422 of 2025, under Sections 319(2), 318(4), 338,
336(3), 336(4), 340(2) BNS, Police Station Kotwali Lalitpur, District
Lalitpur during pendency of the trial.

4. Learned counsel for the applicant submits, sister of the applicant moved a
complaint before CMO concerned with the allegation that by using degrees
of her husband, applicant obtained job and thereafter FIR of the present case
was lodged but entire allegation leveled against applicant is totally false.

5. He further submits, the name of applicant is Rajiv Gupta and from the
data which has been uploaded on the cite of Medical Council of India which
has been filed along with supplementary affidavit it is apparent that
applicant did not commit any forgery. He further submits, it reflects, without
verifying the allegation, directly FIR of the present case was lodged.

6. He further submits, even all the alleged offences are triable by Magistrate.

7. He further submits, applicant is having criminal history of one another
case of Prevention of Corruption Act in which after confession applicant has
been convicted but merely on this ground it is not proper to withhold the bail
application of the applicant.
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8. He further submits, in the present matter applicant is in jail since
12.12.2025 i.e. for last more than four months.

9. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.

10. I have heard learned counsel for the parties and perused the record of the
case.

11. However, as per allegation, applicant by using the degrees of husband of
his sister obtained job but applicant disputed this fact and according to him
he used his own degree and in support, applicant has also filed data of the
Medical Council of India.

12. Be that as it may, in view of this Court considering the allegation made
against applicant it is not proper to detain the applicant further in the present
matter.

13. Further, apart from the present case applicant is however having criminal
history of one case of Prevention of Corruption Act and in that he has been
convicted on the basis of his confessional statement but as all the alleged
offences are triable by Magistrate and in the present matter applicant is in
jail since 12.12.2025 i.e. for last more than four months, therefore, it is not
proper to withhold his bail application only on this ground.

14. Further, law is settled that bail is a rule while bail rejection is an
exception and unless proven guilty an accused is deemed to be innocent and
bail application should not be dismissed either for punitive or preventive
purpose.

15. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.

17. Let the applicant - Abhinav Singh Alleged @ Dr Rajiv 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 the court concerned
with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless
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                                    his personal presence is exempted.

                                    (ii) The applicant shall not directly or indirectly, make inducement, threat or
                                    promise to any person acquainted with the facts of the case so as to dissuade
                                    him from disclosing such facts to the Court or any police officer or tamper
                                    with the evidence.

                                    (iii) The applicant shall not indulge in any criminal and anti-social activity.

                                    18. In case of breach of any of the above condition, the prosecution will be
                                    at liberty to move an application before this Court for cancellation of the
                                    bail of the applicant.

                                    19. It is clarified that the observations made herein are limited to the facts
                                    brought in by the parties pertaining to the disposal of bail application and the
                                    said observations shall have no bearing on the merits of the case during trial.

                                    May 7, 2026
                                    AK Pandey
                                                                                                  (Sameer Jain,J.)




Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad