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2025 DAILYLAW 130856 (ALL)

MUSHTAK AHMAD @ MUSHTAQUE ALAM v. STATE OF U.P. THRU. PRIN. SECY. MINISTRY HOME LKO.

BAIL/5143/2023 · 2025-09-08

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5143 of 2023 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Babu Ram, learned counsel for the applicant, Shri Mayank Sinha, learned A.G.A. 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.1009 of 2021, under Sections 420, 409, 467, 468, 471, 120B, 504, 506 I.P.C., registered at Police Station Gomti Nagar, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged with the allegation that the informant had made some investments in M/s Shine City Infra Project Pvt. Ltd. but no return was paid to him on the investments. The applicant is not named in the F.I.R. as he has been implicated subsequently as he was the Additional Director of the company during the period 2016-19. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit that the applicant has been remanded in more than 30 cases related to the Shine City till date and the applicant is languishing in jail since 13.10.2021. 5. Co-accused Asif Naseem, who is the Managing Director of the company, has already been granted bail by means of an order dated 13.8.2025 passed in Bail Application No.5968 of 2025. 6. Learned A.G.A. has opposed the bail application and he has submitted that allegations have been established during the investigation and a charge sheet has been submitted on 29.09.2022. Versus Counsel for Applicant(s) : Babu Ram, Babita Counsel for Opposite Party(s) : G.A. Mushtak Ahmad @ Mushtaque Alam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Ministry Home Lko. .....Opposite Party(s) 7. Having considered the aforesaid facts and circumstances 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant - Mushtak Ahmad @ Mushtaque Alam - 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. September 8, 2025 S. Shivhare BAIL No. 5143 of 2023 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench