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2025 DAILYLAW 131750 (ALL)

RAHUL KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/2796/2025 · 2025-08-27

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2796 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Mohit Sharma, learned counsel for the applicant, Shri Ashok Kumar Srivastava, 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.614 of 2021, under Sections 420, 406 and 506 IPC, registered at Police Station Kotwali Nagar, District Faizabad /Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.09.2021 against four persons, including the applicant, for commission of offences under Sections 420, 406, 506 I.P.C., alleging that the informant had made investments in Maa Media House under the impression of getting lucrative return but no return was paid to him. The applicant is MD and Operator of the said firm. 4. The learned counsel for the applicant has submitted that the applicant is languishing in jail since 22.09.2021, he has already spent about four years in custody whereas the allegation of offences carries a maximum punishment up to 7 years but even charges have not been framed by the trial court till date. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case. 6. The State has filed a counter affidavit opposing the bail application annexing therewith copies of the materials collected during the investigation Versus Counsel for Applicant(s) : Pramod Kumar Tiwari, Mohit Sharma, Mukul Kumar Sharma, Smt. Usha Tiwari, Sushila Pandey Counsel for Opposite Party(s) : G.A. Rahul Kumar Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) and a copy of the charge sheet dated 20.12.2022 and disclosing the criminal history of the applicant. 7. A rejoinder affidavit has been filed on behalf of the applicant disclosing his involvement in 22 criminal cases, which are similar in nature, and the applicant has been ordered to be released on bail in 15 of those cases. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact as the applicant has already spent more than half of the sentence that could be awarded to him under the said offences, 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 Rahul Kumar Mishra 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. August 27, 2025 S. Shivhare BAIL No. 2796 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench