HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4436 of 2023 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Babu Ram, learned counsel for the applicant and Shri Ashok Kumar Srivastava, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.779 of 2021, under Sections 409, 420, 467, 468, 471, 120-B 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. alleging that the informant had made some investment in a project of Shine City Infrastructure Pvt. Ltd. Company but no return was paid on his investment. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case. It has further been stated that the applicant was an Additional Director of the Company since 17.03.2016 and he had resigned from the aforesaid position on 05.12.2019. It has further been stated in the affidavit that the applicant has been roped in more than 37 F.I.R.s registered under different police stations and the learned counsel for the applicant has submitted that all the F.I.R.s relate to disputes regarding Shine City Infrastructure Pvt. Ltd. Company only. 5. Learned counsel for the applicant has submitted that the applicant has been granted bail in about 20 cases. 6. Co-accused Amitabh Kumar Srivastava @ Amitabh Srivastava has been granted bail by means of an order dated 19.08.2025 passed by this Court in Versus Counsel for Applicant(s) : Babu Ram Counsel for Opposite Party(s) : G.A., Brijesh Singh Vishen Mushtak Ahmad @ Mushtaque Alam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Ministry Home Lko. .....Opposite Party(s) Bail Application No.4554 of 2025. 7. Learned A.G.A. has vehemently opposed the bail application and he has submitted that the applicant is involved in a large scale financial fraud affecting a very large number of persons and, therefore, he is not entitled to be released on bail. However, he could not refute the submissions of the learned counsel for the applicant that although the applicant is languishing in jail since 13.10.2021, even charges have not been framed till date. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the purpose of keeping an under trial person in custody is to ensure his availability to face the trial and the trial has not even commenced in spite of a period of more than four years has been elapsed since the applicant was taken into custody, 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- 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 23, 2025 S. Shivhare BAIL No. 4436 of 2023 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench