Shyamji Mishra v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 825 of 2023 Applicant :- Shyamji Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vivek Kumar Shukla, the learned counsel for the applicant, Sri Shaunak Singh, the learned A.G.A.-I for the State and perused the records. The State has filed a counter affidavit and the applicant has filed a rejoinder affidavit, which are taken on record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 787 of 2021, under Sections 406, 420, 323, 504 and 506 IPC, Police Station Kotwali Nagar, District Ayodhya (Faizabad).

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.11.2021 against five persons, including the applicant, and his family members, stating that the accused persons had allured the informant to make investment in Maa Media House.

¶4The informant was paid some bonus for some time but thereafter he was allowed to accept employment in Maa Media House and make other persons invest in the company. The informant got Rs. 7,86,71,950/- invested in the company but no amount was refunded to the applicant.

¶5The learned counsel for the applicant has made a statement at Bar that the applicant is languishing in jail since 28.10.2021 and even charges have not been framed till date.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having 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, for which no civil proceedings have been initiated; that the applicant is languishing in jail since 28.10.2021 and even charges have not been framed even expiry of a period of more than two years, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Shyam Ji 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 following conditions:-

(i) the applicants shall not tamper with the prosecution evidence;

(ii) the applicants shall not pressurize the prosecution witnesses;

(iii) the applicants shall appear on each and every date fixed by the trial court. . (Subhash Vidyarthi, J.) Order Date :- 29.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench