ANJUM ALI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.
BAIL/3279/2025 · 2025-08-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132709 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132709 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48228 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3279 of 2025 Applicant :- Anjum Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Mohd. Nafees,Pawan Kumar Singh,Yogeshwar Sharan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Yogeshwar Sharan Srivastava, the learned counsel for the applicant as well as Sri Mayank Sinha, the 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. 359/2024, under Sections 318(4), 316(2), 191(2), 352, 351(3) BNS & Sections 3/5/21/23 of Banning of Unregulated Deposit Schemes Act, 2019, Police Station Bangarmau, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.09.2024 in furtherance of an application under Section 175(3) of B.N.S.S. filed against the applicant and his five brothers, stating that the applicant had allured the informant to make investment in shares. The informant and other persons known to him invested Rs. 1,23,96,870/- through the applicant but no return was paid on their investments. It is alleged that the applicant has purchased a four wheeler vehicle in his own name from the money of the informant's brother and he is not handing over the vehicle. 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. In paragraph 19 of the affidavit filed in support of the application, the applicant's involvement in three other cases has been disclosed in all of which he has been released on bail. 5. The state has filed a counter affidavit opposing the bail application and copies of material collected during investigation and a copy of charge sheet dated 17.02.2025 have been annexed with the counter affidavit. 6. A rejoinder affidavit has been filed on behalf of the applicant stating that prior to lodging of the present FIR, the applicant had lodged an FIR bearing Case Crime No. 169/2024 at Police Station Bangarmau, District Unnao for the offence under Sections 406, 506 & 504 IPC against four persons, including the informant, stating that those persons had duped the applicant in the name of making him earn lucrative profit by making investment in share market. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR alleges that the complainant and other persons had made investment in the share market through the applicant whereas in the FIR lodged about four months earlier, the applicant has levelled similar allegations against the informant and other persons; that the applicant is involved in three other cases of similar nature and in all of which the applicant has been granted bail, coupled with the fact that the applicant is languishing in jail since 05.10.2024 whereas the investigation already stands concluded and a charge sheet has already been submitted, I am of the view that the applicant is entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Anjum Ali be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. Order Date :- 18.8.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench