ABHISHEK THAKUR ALIAS ABHISHEK KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.
BAIL/1297/2025 · 2025-05-08
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122975 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122975 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27468 Court No. - 17 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1297 of 2025 Applicant :- Abhishek Thakur Alias Abhishek Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Utkarsh Anand,Desh Mitra Anand Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. This case was nominated to this Court by Hon'ble The Chief Justice vide order dated
27.2.2025. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 3. The present bail application has been filed on behalf of the applicant in Case Crime Nos.158 of 2023
under
Sections 420/409/467/468/471/504/506/120-B I.P.C., Police Station Gomti Nagar, District Lucknow, with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submitted that the applicant is an innocent person and he is in jail since 30.11.2023. He further submitted that the applicant has been falsely implicated in the present case as only general allegations have been leveled against him that the applicant is a broker and received brokerage. He further submitted that applicant was implicated in 29 other cases in the identical manner and in 28 cases, he is on bail. He further submitted that charge sheet has already been filed and the alleged offences are triable by the Magistrate. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer of the applicant for grant of bail and submitted that the applicant has actively participated in the alleged crime by motivating the investors for investing the money in the company and during the course of investigation, it was found that Rs.4,00,00,000/- was transferred in the account of applicant, but he is unable to show the details of the alleged amount. 6. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, I am of the view that the applicant is entitled to be released on bail. 7.
Let applicant - Abhishek Kumar Singh @ Abhishek Thakur - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may
proceed against him under Section 229-A IPC. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.
(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Trial court is directed to conclude trial expeditiously
within
giving
unnecessary adjournment to either of the parties. Order Date :- 8.5.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench