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2025 DAILYLAW 130910 (ALL)

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

BAIL/4475/2023 · 2025-09-10

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4475 of 2023 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Babu Ram, learned counsel for the applicant, Smt. Kamlesh Kumari, 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.575 of 2021 under Sections 409/420/467/468/471/120B of 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 complainant had made investments in Shine City Infra Projects Pvt. Ltd. but no return was paid on the investments. The applicant is not named in the FIR and he has been subsequently implicated as he was the Additional Director of the Company during the period from 2016 till 2019. 4. The involvement of the applicant in 37 other criminal cases has been disclosed in para-26 and 27 of the affidavit filed in support of the bail application, in 20 of which, he has been granted bail. 5. Co-accused- Amitabh Kumar Srivastava has been granted bail by means of an order dated 07.02.2025 passed by this Court in Crl. Misc. Bail Application No.676 of 2025. 6. Learned counsel for the applicant has submitted that the applicant is languishing in jail since 13.10.2021 and even charges have not been framed till date. 7. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Babu Ram Counsel for Opposite Party(s) : G.A. Mushtak Ahmad @ Mushtaque Alam .....Applicant(s) State Of U.P. Thru. Secy. Ministry Of Home Lko. .....Opposite Party(s) 8. 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 case on the ground of parity. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Mushtaq Alam @ Mustaq Ansari 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 10, 2025 -Amit K- BAIL No. 4475 of 2023 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench