Ajai Prakash Upadhyaya @ Ajai Kumar Upadhyay v. State of U.P Thru. Secy. Deptt. Home Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12551 of 2023 Applicant :- Ajai Prakash Upadhyaya @ Ajai Kumar Upadhyay Opposite Party :- State Of U.P Thru. Secy. Deptt. Home Civil Secrt. Lko. Counsel for Applicant :- Chandra Shekhar Sinha,Gaurav Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

1.Heard Sri Chandra Shekhar Sinha, the learned counsel for the applicant as well as Sri Gyanendra Singh, 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. 668 of 2020, under Section 406, 419, 420, 506 I.P.C., registered at Police Station P.G.I., District Lucknow.

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

17.09.2020 against the applicant and one Ajeet Gupta, alleging that the informant had made some investments in Eye Vision India Credit Society Ltd. and Dhani India Sales Corporation but upon maturity, no amount was paid to him.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

¶5The applicant's involvement in 46 other cases of similar nature has been disclosed in para 22 of the affidavit filed in support of the bail application and in 44 of which the applicant has already been granted bail.

¶6The learned counsel for the applicant has submitted that co-accused Anjani Kaushal, has already been granted bail in the present case by means of an order dated 29.05.2023. passed by a coordinate bench of this Court in Criminal Misc. Bail Application No.7002 of 2023.

¶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 grievance of the informant is against non refund of money invested in a company and the applicant was neither a director nor other principle position holder in the company and he was merely its employee and that the applicant has already been granted bail in 44 other cases of similar nature, coupled with the fact that the applicant is languishing in jail since

18.08.2021 without any progress in trial, 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-Ajai Prakash Upadhyaya @ Ajai Kumar Upadhyay 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 :- 27.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench