Mukesh Kumar v. State of U.P. Thru. Prin. Secy. Home U.P. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14843 of 2023 Applicant :- Mukesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Vikas Vikram Singh,Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vikas Vikram Singh, the learned counsel for the applicant, Ms. Parul Kant, the, learned AGA for the State, Sri Shailendra Singh Chauhan, the learned counsel for the informant and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 561 of 2023, under Sections 409, 420 & 506 IPC, Police Station Vibhuti Khand, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.10.2023 against 5 persons, including the applicant, stating that the informant and several other persons had made some investment in Elected Spire Private Limited but upon demanding returns, the same was declined.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶5The learned counsel for the informant has vehemently opposed the bail application and he has submitted that the applicant has duped numerous persons besides the informant, therefore, he should not be released on bail.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the grievance of the informant is regarding non payment of returns of money invested in a company and apparently, besides lodging the FIR no proceedings have been initiated for recovery of the returns and coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 17.11.2023 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 case.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Mukesh Kumar 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. Order Date :- 16.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench