Om Prakash v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13236 of 2023 Applicant :- Om Prakash Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. Counsel for Applicant :- Ajeet Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ajeet Kumar, learned counsel for the applicant, Sri Rishikesh Verma, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.309 of 2022, under Sections 406, 420, 409, 506, 504, 34 I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.09.2022 against seven named and some unknown persons, including the applicant, alleging that the informant and his customers had made investments in L.L.C Multi State Agro Cooperative Society Ltd. under allurement of lucrative return but upon maturity the money was not refunded to the complainant.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case on the basis of wrong averments made in the FIR. The informant had made investment in LLC Multistate Agro Co-operative Society Ltd., under various schemes under which they had to be given maturity upon completion of investments for various periods. The investors did not deposit the complete amount by paying all the installments rather they filed the FIR. The applicant's criminal history of 46 cases has been disclosed in para 19 of the affidavit, in 19 of which he has been granted bail.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is 69 years old person and he is languishing in jail since 05.07.2022 and without making any observation, 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 in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Om Prakash 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 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 :- 7.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench