Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41836

of 2021

Applicant :- Rajesh Gupta

Opposite Party :- State of U.P.

Counsel for Applicant :- Vikas Srivastava

Counsel for Opposite Party :- G.A.,Abhinav Gaur,Mohd.

Rashid Siddiqui

Hon'ble Ajay Bhanot,J.

Heard Shri Anil Srivastava, learned Senior Counsel

assisted by Shri Vikas Srivastava, learned counsel for

the applicant, Shri Anoop Trivedi, learned Senior

Counsel assisted by Shri Ankit Shukla, learned counsel

for the informant and learned A.G.A. for the State.

A first information report was lodged as Case Crime

No.1389 of 2019 at Police Station-Kavi Nagar, District-

Ghaziabad under Sections 420, 406, 504 and 506 I.P.C.

The bail application of the applicant was rejected by

learned Special Judge, Ghaziabad, on 08.09.2021.

The applicant is in jail since 21.08.2021, pursuant to the

said F.I.R.

It is contended by Shri Anoop Trivedi, learned Senior

Counsel assisted by Shri Ankit Shukla, learned counsel

for the informant that the applicant has consistently

defrauded the informant over the years. The amount

paid is not disputed.

After some argument, Shri Anil Srivastava, learned

Senior Counsel assisted by Shri Vikas Srivastava,

learned counsel for the applicant on the basis of

instructions (without prejudice to his rights in the trial)

undertakes to refund the amount to the informant which

was credited by RTGS to the bank account of the

applicant within a period of six months. Learned

counsel for the applicant contends that the applicant has

lost his son. There is no other earning member of his

family. Without being released on bail, the applicant

cannot gather the funds. The applicant be released on

bail.

Shri Rishi Chaddha, learned AGA and Shri Anoop

Trivedi, learned Senior Counsel assisted by Shri Ankit

Shukla, learned counsel for the informant opposed the

bail of the applicant.

Courts have taken notice of the overcrowding of jails

during the current pandemic situation (Ref.: Suo Motu

Writ Petition (c) No. 1/2020, Contagion of COVID 19

Virus in prisons before the Supreme Court of India).

These circumstances shall also be factored in while

considering bail applications on behalf of accused

persons.

Considering the fact that the offences are triable by

Magistrate and the transactions were continuing over an

extended period of six years without any demur from

the informant, it appears to be a reasonable offer.

Moreover, amounts were deposited in the accounts of

the wife and deceased son of the applicant, who did not

have any business dealing or privity of contract with the

informant.

Without expressing any opinion on the merits of the

case and considering the submission advanced by

learned counsel for the parties, this Court hold that the

applicant is entitled to be enlarged on bail.

Let the applicant-Rajesh Gupta involved in Case Crime

No.1389 of 2019 at Police Station-Kavi Nagar, District-

Ghaziabad under Sections 420, 406, 504 and 506 I.P.C.,

be released on bail on furnishing a personal bond and

two sureties each in the like amount to the satisfaction

of the court concerned subject to following conditions.

1. The applicant shall deposit refunds which were

credited by RTGS to the bank account of the applicant

in an interest bearing account to be opened on the

directions of the learned Chief Judicial Magistrate,

Ghaziabad.

2. The learned Chief Judicial Magistrate, Ghaziabad,

shall direct for release of the aforesaid amount in favour

of the informant.

3. In case the aforesaid amount is not deposited within a

period of six months from today, the bail of the

applicant stand cancelled without recourse to this Court.

An order to be passed by the learned Chief Judicial

Magistrate, Ghaziabad, that the bail condition of

deposit of the amount has not been fulfilled and the

applicant is liable to be arrested.

4. The applicant will not tamper with the ev