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2025 DAILYLAW 139534 (ALL)

RAVI KANT TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO

BAIL/4139/2025 · 2025-08-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48967 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4139 of 2025 Applicant :- Ravi Kant Tiwari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko Counsel for Applicant :- Pranshu Agrawal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Chandan Srivastava, Advocate holding brief of Sri Pranshu Agrawal, the learned counsel for the applicant as well as Smt. Kamlesh Kumari, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.1563 of 2019, 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 F.I.R. lodged on 17.12.2019 against six named persons, including the applicant, stating that the informant had made investments in Shine City Infrastructure Pvt. Ltd. Company but no benefit was given to him on their investments. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. 5. The applicant's involvement in 19 other criminal cases has been disclosed in para 24 of the bail application, all of which are of similar nature arising out of cases alleging non return of investments made in Shine City Infrastructure Pvt. Ltd. Company. 6. The learned counsel for the applicant has submitted that a co- accused Mohd. Shakeel, who was an accountant in the Company, has been granted bail by means of an order dated 19.05.2022 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No. 15231 of 2022. Another co-accused Manoj Kumar Srivastava, who was an employee of the Company, have also been granted bail by means of an order dated 20.07.2022 passed by the Coordinate Benches of this Court in Criminal Misc. Bail Application No.4406 of 2022. 7. The learned A.G.A. has opposed the bail application but she could not dispute the fact that the case set up against the applicant is similar to the case set up against the co-accused persons, who have already been granted bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that two co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be granted bail on the ground of parity. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Ravi Kant Tiwari be released on bail in aforementioned 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. . (Subhash Vidyarthi,J.) Order Date :- 20.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench