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2025 DAILYLAW 147065 (ALL)

NASIR ALI SIDDIQUI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.

BAIL/5513/2025 · 2025-08-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48261 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5513 of 2025 Applicant :- Nasir Ali Siddiqui Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Anil Kumar Mishra,Arun Chand Pandey,Ram Bahadur Maurya Counsel for Opposite Party :- G.A.,Akshay Kumar Singh,Arun Singh,Palak Jawa Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anil Kumar Mishra, the learned counsel for the applicant, Sri Angad Kumar Vishwakarma, learned AGA for the State, Sri Akshay Kumar Singh, 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. 237/2024, under Sections 420, 467, 468, 471, 409, 506, 120-B IPC and Section 66-D of Information Technology Act, Police Station Vibhuti Khand, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.07.2024 against the applicant, his wife Salma Bano, two other named persons Anil Kumar Mittal and Mahesh Chandra and some unknown persons, stating that the informant has duped the complainant and other persons known to her of Rs. 7,26,68,500/- in the name of getting a lucrative return by making investment in share market. 4. The FIR states that the applicant had entered into an agreement dated 01.10.2021 agreeing to pay 10% interest on the invested amount per month and he had handed over a cheque of Rs. 15 lakh which was returned by the bank unpaid due to signature mismatch. The complainant has further stated that the applicant has duped about 90 other persons. The complainant has requested in the FIR that the money of the complainant and the other persons known to her be returned to them. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant innocent and he has been falsely implicated in the present case. The applicant's involvement in 7 other cases has been disclosed in para 21 of the affidavit filed in support of the bail application and in 6 of which the applicant has already been ordered to be released on bail. 6. The State has filed a counter affidavit opposing the bail application annexing therewith copies of material collected during investigation and a charge sheet dated 29.10.2024. 7. The complainant has also filed a counter affidavit opposing the bail application. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR alleges that the applicant had entered into an agreement agreeing to pay 10% per month interest from the investment made by the complainant and the FIR has been lodged when the applicant has committed breach of this agreement and the complainant has requested for return of his money in the FIR which prayer is essentially is of a civil nature; that the applicant is languishing in jail since 17.07.2024 whereas the investigation already stands concluded and the applicant has already been granted bail in six other cases of similar nature, I am of the view that the applicant is entitled to be released on bail in the present case. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Nasir Ali Siddiqui 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