AQUIB NASIM v. STATE OF U.P. THRU. PRIN.SECY. HOME
BAIL/7019/2024 · 2025-08-19
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143846 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143846 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48712 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7019 of 2024 Applicant :- Aquib Nasim Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Desh Mitra Anand,Mohammad Ghazali,Mohammad Irfan Siddiqui,Suhail Iqbal,Utkarsh Anand Counsel for Opposite Party :- G.A.,Amrita Singh,Brijesh Singh Vishen Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Utkarsh Anand, learned counsel for the applicant, Shri Satyendra Kumar Srivastava, learned A.G.A. for the State, Shri Brijesh Singh Vishen, learned counsel for the complainant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.138 of 2022, 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 an F.I.R. lodged on 09.02.2022 against 9 named persons including the applicant and five unnamed employees and officials of the company, stating that the complainant had entered into an agreement to purchase a plot of land from Shine City Infra Project Pvt. Ltd. but the plot was not handed over to him. The F.I.R. mentions that when the complainant had gone to the office of the company, the applicant was also present there but the F.I.R. does not level allegation of commission of any act by the applicant. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant was working in the office during
the formative years of the company and he is innocent and has been falsely implicated in the present case. 5. The learned counsel for the applicant has submitted that co- accused Abhishek Thakur, who was working as President of the company has already been granted bail by means of an order dated 31.03.2023 passed by the Co-ordinate Bench of this Court in the CRIMINAL MISC. BAIL APPLICATION No. - 3640 of
2023. 6. He has further submitted that the applicant's involvement in two criminal cases has been disclosed in the rejoinder affidavit and both of which are of similar nature. The applicant has been granted bail in two cases which are similar in nature, he is languishing in jail since 10.04.2024 and charges have not been framed till date. 7.
Learned A.G.A. as well as learned counsel for the complainant have opposed the bail application but they could not dispute the aforesaid facts. 8. Having considered the aforesaid facts and circumstances of the case, 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- Aquib Nasim 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. Order Date :- 19.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench