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2025 DAILYLAW 139602 (ALL)

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

BAIL/4089/2025 · 2025-08-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48831 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4089 of 2025 Applicant :- Ravi Kant Tiwari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Pranshu Agrawal,Chandan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Chandan Srivastava, the learned counsel for the applicant as well as Sri Manish Kumar Pandey, 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. 0005 of 2020, 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 02.01.2020 against one Vivek Mishra, not including the applicant, stating that the informants had made investments in Shine City Infrastructure Pvt. Ltd. Company but no benefit was given to them 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 23 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. A co-accused Vikram Singh Yadav, who was an employee of the Company, has been granted bail by means of an order dated 28.09.2022 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No.3763 of 2022. Two co- accused persons, namely, Gyan Prakash Upadhyay and Abhishek Kumar Singh @ Abhishek Thakur, who were also agents of the Company like the applicant, have been granted bail by means of orders dated 08.11.2024 & 02.09.2022 passed by the Coordinate Benches of this Court in Criminal Misc. Bail Application Nos. 11246 of 2024 & 9532 of 2022 respectively. 7. The learned A.G.A. has opposed the bail application but he 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 three 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