Sarvesh Kumar Agrahari v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14807 of 2023 Applicant :- Sarvesh Kumar Agrahari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow Counsel for Applicant :- Sandeep Yadav,Naved Ali Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sandeep Yadav, the learned counsel for the applicant, Sri Akhilesh Kumar Vyas, the 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. 226 of 2022, under Sections 406, 420, 467, 468, 471 I.P.C., registered at Police Station Kumaganj, District Ayodhya.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.10.2022 against three persons, not including the applicant, stating that the informant had made some investments in LBRY Benefit Nidhi Ltd. Care of United Associate but no returns were paid to him on the invested amount.

¶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. The applicant's involvement in 15 other cases has been disclosed in para 36 of the affidavit filed in support of the bail application in 14 of which the applicant has already been granted bail.

¶5The learned counsel for the applicant has submitted that the applicant was implicated subsequently as he was a director of the company but account of the company was seized by police on 23.04.2019 and for this reason the company could not pay any return to the investors and the applicant is not at fault in the matter.

¶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 applicant is languishing in jail since 17.11.2022 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Sarvesh Kumar Agrahari 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 :- 15.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench