Allahabad High Court
BAIL/13106/2025 of KAPIL KUMAR GUPTA Vs STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER on 19 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 13106 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. The present application has been filed seeking bail in FIR No.0693 of 2021, under
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. BAIL APPLICATION No. - 13106 of 2025
Court No. - 16
HON'BLE BRIJ RAJ SINGH, J.
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1. Heard learned counsel for the applicant, learned A.G.A. and perused the record.
2. The present application has been filed seeking bail in FIR No.0693 of 2021, under Sections 409, 420, 467, 468, 471 and 120-B IPC, Police Station Gomti Nagar, District Lucknow.
3. Learned counsel for the accused-applicant submits that co-accused, Asif Naseem, who is the Managing Director of the company, has been granted bail by this Court vide order dated 12.09.2025 in Criminal Misc. Bail Application No.8750 of 2025. He further submits that case of the applicant is at par with the co-accused, therefore, accused-applicant is also entitled for bail on the ground of parity.
4. Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts.
5. Considering the fact that co-accused, having similar role, has been granted bail by this Court, it would be appropriate to enlarge the accused- applicant on bail.
6. Let applicant Kapil Kumar Gupta be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following Versus Counsel for Applicant(s) : Sanjay Kumar Singh, Shivangi Mishra Counsel for Opposite Party(s) : G.A., Rohit Tripathi Kapil Kumar Gupta .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Another .....Opposite Party(s)
conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. December 19, 2025 Rao/- BAIL No. 13106 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench