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Allahabad High Court

RAKESH KUMAR GUPTAversusSTATE OF U.P.

Decided
Disposal
Allowed/Partly Allowed on merits

Holding

The Court granted bail to the accused without touching the merits of the case.

Summary

Rakesh Kumar Gupta was arrested in Basti district on charges of cheating, criminal breach of trust, forgery, extortion and criminal conspiracy for allegedly taking Rs. 15 lakh from an informant by promising a High Court job. An interim bail was earlier granted on 29 January 2024 conditioned on his deposit of Rs. 6 lakh to the informant, which he failed to do, leading to a non‑bailable warrant. The applicant now seeks regular bail, arguing that the trial is at a nascent stage and he has been falsely implicated, while the informant has no objection and the State opposes bail on grounds of organized crime. The Court noted that the earlier condition had been complied with and, without examining the merits, decided to grant bail in line with recent Supreme Court guidelines. Accordingly, the Court ordered his release on personal bond and two sureties, directing cooperation with the judicial process.

Issues considered

  • Whether bail can be granted to an accused charged with multiple serious IPC offences after failure to comply with a prior interim bail condition
  • Whether the Supreme Court's recent bail jurisprudence applies to this case

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • cheating
  • criminal procedure
  • interim bail condition
  • Supreme Court precedent
  • organized crime
  • high court job scam

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 37993 of 2023

Rakesh Kumar Gupta
                                                                 .....Applicant(s)
                                     Versus

State of U.P.
                                                                     .....Opposite
                                                                           Party(s)

Counsel for Applicant(s)      : Preete Chaudhary, Raman Pandey,
                                Ravindra Prakash Srivastava, Satya
                                Priya Mishra
Counsel for Opposite Party(s) : G.A., Gaurav Kumar Shukla

Court No. - 53
                     HON'BLE AVNISH SAXENA, J.

1. The bail application is specially assigned to this Court.

2. List revised.

3. Heard Shri Raman Pandey, learned counsel for applicant, Shri Gaurav
Kumar Shukla, learned counsel for informant and learned A.G.A. for State,
are present.

4. The present bail application has been moved by the applicant accused-
Rakesh Kumar Gupta to enlarge him on bail in Case Crime No. 31/2023,
under Sections 406, 419, 420, 467, 468, 471, 506, 120B IPC, P.S.- Poorani
Basti, District- Basti, during the pendency of trial.

5.The FIR is lodged by the informant on 12.02.2023 against the accused
applicant for duping him of Rs. 15 lakh for getting him a job in High Court
as Review Officer.

6. This Court vide order dated 29.01.2024 has directed the release of accused
on interim bail on the condition of payment of Rs. 6 lakh to the account of
informant. The order is reiterated underneath:-

     "1. Heard learned counsel for the applicant and learned A.G.A. for the
     State.
     2. By means of this bail application, the applicant- Rakesh Kumar Gupta,
     seeks to grant bail in Case Crime No. 31 of 2023, under section- 406,
                                                               BAIL No. 37993 of 2023
                                    2


     419, 420, 467, 468, 471, 506, 120B I.P.C., Police Station- Poorani Basti,
     District- Basti, during the pendency of trial.
     3. At the very outset, the amount which has been mentioned in the F.I.R.
     has been fairly accepted by learned counsel for the applicant that
     Rs.12,00,000/- has been received in the account of applicant which he
     sent to one Ramesh Jaiswal's account. Learned counsel for applicant
     submitted that applicant is willing to deposit Rs. 6,00,000/- in the account
     of informant, but due to under incarceration the same could not be
     deposited by the applicant.
     4. Learned counsel for the applicant submitted that if the applicant be
     released on bail on conditional ground that he will deposit Rs. 6,00,000/-
     within two months in the account of informant, in that case the entire
     allegation as fastened upon the applicant shall be omitted after deposition
     of the amount and the innocence of the applicant will also be proved.
     5. Learned A.G.A. however opposes the bail application, but at the same
     time showed his agreement only to the extent that in case the applicant is
     willing to deposit the amount to the tune of Rs. 6,00,000/-, the interim
     period may be extended in shape of bail in favour of the applicant.
     6. Considering the agreement as raised by learned counsel for the parties,
     the applicant be released on interim bail in the aforesaid case crime
     number for a period of three months. During that period if the amount of
     Rs. 6,00,000/- shall not be deposited in the account of informant, the
     interim order shall be ceased to an end automatically.
     7. List this matter on 1st week of May, 2024."

7. The accused applicant could not deposit the amount which led to issuance
of non bailable warrant against the accused and he is presently confined to
jail. Learned counsel for applicant hands up supplementary affidavit
annexing the copy of the draft of Rs. 6 lakh, which has been received before
this Court upon the learned counsel for informant, the same is taken on
record.

8. Learned counsel for applicant submits that the trial is still at nascent stage
and accused has been falsely implicated, as such, he prayed to allow the bail
application.

9. Learned counsel for informant has no objection in allowing the same, as
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                                                                     3


                                    he has received the draft as is directed by this Court.

                                    10. Learned A.G.A. submits that accused applicant has taken Rs. 15 lakh
                                    from the informant for getting a job in High Court. He submits that it is an
                                    organized crime committed by the accused applicant and submits that the
                                    bail application of the accused applicant be rejected.

                                    11. This Court has taken into consideration the rival submissions made by
                                    learned counsel for the parties and perused the record.

                                    12. Considering that this Court in order dated 29.01.2024 has already
                                    granted interim bail to the accused applicant, on condition which has now
                                    been complied. Moreover, the allegation is of taking money for providing a
                                    job in High Court, which is an unethical transaction.

                                    13.Hence, without touching merit of the case, the bail application is allowed.

                                    14. The accused/applicant 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 court concerned in view of observation made by the Supreme
                                    Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024)
                                    10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC
                                    685].

                                    15. The accused-applicant shall cooperate in judicial process for fair and
                                    speedy disposal.


                                                                                              (Avnish Saxena,J.)
                                    February 20, 2026
                                    Sharad/-




Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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