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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6769 of 2023 Applicant :- Rajendra Prasad Mishra Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Lko. Counsel for Applicant :- Kuldeep Bajpai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Kuldeep Bajpai, learned counsel for the applicant, Sri Amit Kumar Dwivedi, 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. 0749 of 2022, under Sections 109/409/420/467/468/471/504/506 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 29.07.2022 against two persons, not including the applicant, alleging that the informant had made some investment in a company Sankalp Trading Services, but upon maturity the invested amount was not refunded to the informant. The applicant has subsequently been implicated in the present case because it came to light during investigation that he had worked in the company and was its director.

¶5In 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. In the affidavit filed in support of the application for bail the applicant's involvement in 21 other cases of similar nature has been disclosed, in 19 of which the applicant has already been granted bail. Co-accused Pramod Kumar @ Pramod Kumar Verma has been granted bail by means of the order dated 28.10.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.6775 of 2023.

¶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 regarding non-refund of money invested in a company and that the applicant has already been granted bail in 19 cases out of 21 cases in which he has been implicated, coupled with the fact that the applicant is languishing in jail since 31.10.2022 even charges have not been framed till date 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. without progress in trial

¶9Let 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 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 :- 24.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench