ASIF NASEEM v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
BAIL/3995/2025 · 2025-05-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139192 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139192 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27044 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3995 of 2025 Applicant :- Asif Naseem Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Surekha Patel Counsel for Opposite Party :- G.A.,Kuldeep Srivastava Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Harsh Singh and Shri Pratik Raj, learned counsel for the applicant, Sri Ashok Srivastava, learned AGA for the State, Sri Abhedya Rajeev, Advocate holding brief of Sri Kuldeep Srivastava, learned counsel for the Enforcement Directorate, and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.723 of 2022 under Sections 409, 420, 467, 468, 471, 504, 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 investments in Shine City Infrastructure Pvt. Ltd. Company under allurement of lucrative returns but no returns were paid to the informant. The applicant has been described as a Director of the Company. 4. In the affidavit filed in support of the bail application, it has been stated that about 527 other F.I.Rs have been lodged throughout the State arising out of similar disputes. The applicant has been named in some of the F.I.Rs. The applicant has already been granted bail in 14 other matters of similar nature. 5. Learned counsel for the applicant states that the applicant is languishing in jail since 01.11.2021 and even charges have not been framed till date. 6. The purpose of keeping an under trial person in custody is to ensure his availability to face the trial. When the applicant is languishing in jail since 01.11.2021 and in spite of expiry of a period of more than three and a half years since the applicant
was taken into custody, the trial has not even commenced till date, it appears that the purpose of keeping the applicant in custody is not being achieved. Numerous other co-accused persons have already been granted bail in similar cases and the applicant has also been granted bail in 14 other cases of similar nature. 7. Keeping in view the aforesaid facts, I am of the view that the applicant is also entitled to be released on bail in the aforesaid case. 8 Accordingly, this bail application stands allowed.
9. Let the applicant- Asif Naseem 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. . [Subhash Vidyarthi, J.] Order Date :- 8.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench