Neutral Citation No. - 2025:AHC:8803 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42294 of 2024 Applicant :- Mohd. Haseen Opposite Party :- State of U.P. Counsel for Applicant :- Anish Kumar Singh,Desh Ratan Chaudhary Counsel for Opposite Party :- G.A.,Lovelesh Kumar Dwivedi Hon'ble Vivek Varma,J. 1. Supplementary, affidavit, filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 819 of 2024, under Sections 328, 386, 354A, 406, 506 I.P.C., Police Station- Nandgram, District- Ghaziabad during pendency of the trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is a physiotherapist and runs a hospital in the name of R.S. Hospital, Sahibabad, Ghaziabad. The informant is a Gynecologist. The applicant and the informant entered into a business transaction for purchasing a Ultrasound machine. Pursuant thereto, the informant transferred Rs.17,50,000/- in the bank account of the applicant and paid Rs. 2,50,000/- in cash. The allegation of administering intoxicant in the cold drink of the informant is alleged to have levelled on 11.11.2023. The first information report was lodged on 7.9.2024. The delay is fatal to the prosecution case. It is next contended that the applicant in order to discharge his liability has issued four post dated cheques to the informant. One of the said cheque was not encashed on presentation on account of order of stop payment. The informant had neither filed any complaint under section 138 of N.I. Act nor had filed any civil suit for recovery of the alleged amount. No indecent video or obscene photographs of the informant was recovered by the investigating officer. Further after investigation charge-sheet has been submitted against the applicant under Sections 386, 506 and 354-A I.P.C. No offence under the aforesaid sections is made out against the applicant. The applicant does not have any criminal history and is in jail since 9.9.2024. In case he is enlarged on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the allegation of administering intoxicant in the cold drink of the informant was levelled on 11.11.2023. The first information report was lodged on 7.9.2024. No indecent video or obscene photograph of the informant was recovered by the investigating officer. At this stage there is no substantive evidence to link the applicant with the offence. Further the applicant has presently remained confined for more than four months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant, Mohd. Haseen involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 20.1.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad