Abhinav Kumar Singh v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8095 of 2023 Applicant :- Abhinav Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Sant Vijay Singh,Niraj Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sant Vijay Singh, the learned counsel for the applicant as well as Sri Arpit Kumar, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 48 of 2021, under Section 409, 420, 504, 506 I.P.C., registered at Police Station Gomti Nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

20.01.2021 against six persons, not including the applicant, stating that the informant had invested some amount in Mashayar Group of Companies, stating that the informant had invested some amount in January, 2019. Returns of his investments were paid only for two months and thereafter nothing was paid to him.

¶4Th applicant has been implicated in the present case because it came to light subsequently that he was also one of the directors of the Company.

¶5The learned counsel for the applicant has submitted that the applicant used to work as a cook of co-accused Ratan Chand Dwivedi and he has been made a director of the Company without his knowledge while misusing his documents.

¶6A supplementary affidavit has been filed on behalf of the applicant stating that he is involved in 20 other cases of similar nature and in 16 of which the he has been granted bail.

¶7The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history and he is languishing in jail since 01.08.2021 ad without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Abhinav Kumar Singh 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 the 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 :- 16.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench