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2025 DAILYLAW 118342 (ALL)

ABHISHEK THAKUR @ ABHISHEK KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.

BAIL/523/2025 · 2025-05-14

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28354 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 523 of 2025 Applicant :- Abhishek Thakur @ Abhishek Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Desh Mitra Anand,Utkarsh Anand Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Desh Mitra Anand, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 339/2023, under Sections 409, 420, 467, 468, 471 & 120-B, 504, 506 IPC, Police Station Gomti Nagar, District Lucknow. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.06.2023 against four persons, including the applicant, describing him as president of the company, on the basis of an application under Section 156(3) Cr.P.C., stating that the informant had booked 10 plots of land measuring 1000 sq. ft. each in Shine City and he had paid Rs. 11 lakhs for the same. 4. The company had assured to hand over possession of the land within 90 days but it was not done. The informant had booked a plan of Rs. 1,75,000/- under asset management account on 10.05.2019 and the co-accused had assured that 10% cash back will be given for 12 months and the amount will be doubled in 15 months but no return was paid. Numerous other allegations of similar nature were levelled in the FIR. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant was merely a team member and he was not president in the company. The applicant's involvement in a total of 30 cases has been disclosed in para 22 of the bail application and he has already been granted bail in all the other cases in which he is involved. 6. The applicant is languishing in jail since 13.11.2023 and even charges have not been framed till date. 7. The State has filed a counter affidavit annexing therewith a copy of bank statement of the applicant and a copy of the charge sheet. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation levelled in the FIR is that the informant had made investment for purchasing 10 plots of land and several other investments; the FIR has been lodged when the informant failed to get return of his investments; it appears that the FIR has been lodged for recovery of benefits and no civil proceedings have been instituted by the informant; that the applicant was not a director of the company in which the investments was made; the applicant is languishing in jail since 30.11.2023 and the trial is yet to commenced and the applicant has also been granted bail in 29 other cases of similar nature, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Abhishek Thakur @ Abhishek Kumar Singh be released on bail in the aforementioned 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 :- 14.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench