Rajendra Prasad Mishra v. State of U.P. Thru. Home Secy. Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12637 of 2023 Applicant :- Rajendra Prasad Mishra Opposite Party :- State Of U.P. Thru. Home Secy. Lucknow Counsel for Applicant :- Kuldeep Bajpai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Kuldeep Bajpai, the learned counsel for the applicant as well as Sri Amit Kumar Dwivedi, 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. 716 of 2022, under Section 420, 409 I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

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

20.07.2022 against six persons, not including the applicant, stating that the informant had made some investments in Life Long Care Multi State Care Cooperative Society and his sister had made some investments in Sangarsh Total Solution Infra Built Pvt. Ltd. neither any land was transferred to them in return of the investments nor was the invested money returned to them.

¶4The applicant has been falsely implicated in the present case on the basis of statement of a co-accused Mahesh Shukla, who stated that the applicant was also involved with him in establishment of a business.

¶5The applicant's criminal history of 23 cases has been disclosed in the affidavit filed in support of the bail application, in 13 of which the applicant has already been granted bail. The applicant is languishing in jail since 31.10.2022 and even charges have not been framed till date

¶6The learned counsel for the applicant has submitted that co-accused Pramod Kumar @ Pramod Kumar Verma, has already been granted bail by means of an order dated 02.08.2023 passed by this Court in Criminal Misc. Bail Application No. 9719 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, I am of the view that the applicant is entitled to be released on bail.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Rajendra Prasad Mishra 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 :- 28.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench