Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 148541 (ALL)

ANIRUDDHA NARAYAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/5782/2025 · 2025-07-09

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:39011 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5782 of 2025 Applicant :- Aniruddha Narayan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Aditya Vikram Shahi,Gaurav Singh,Gyan Sagar Gupta Counsel for Opposite Party :- G.A.,Abhinav Mani Tripathi,Malvika Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned counsel for the complainant, learned Additional Government Advocate for the State and perused the record. It is alleged in the prosecution case that the co-accused Vishal Rao was Director of M/s Staliyan Infra Developers Private Limited inducted the informant to invest in his company. The informant invested in the company, however, no return was made to him. It is further alleged that in lieu of such investment, subsequently a sale deed was executed in favour of the informant, however, that was found to be forged. Learned counsel for the applicant submits that in the entire first information report which runs into six pages as well as the statement of the complainant, the applicant's name is absent. There is no material collected by the investigating officer to show the complicity of the applicant except a bald averment in the case diary (parcha No.27) that material has been found against the applicant and the co-accused Suhail Khan. He has explained criminal history in para 22 of the bail application and 19 of the rejoinder affidavit filed today, which is taken on record. The co-accused Suhail Khan has been granted bail by learned Special Judge(Anti Corruption), CBI, Lucknow vide order dated 3.5.2025 (Annexure No.4). The applicant is in jail since 11.4.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. and complainant's counsel opposed the prayer for bail. Considering the facts and circumstances of the case, including the fact that charge-sheet has been filed, the applicant has explained the criminal history, the offence is triable by Magistrate, the applicant has not been named in the first information report nor his name has been taken in complainant's statement, the co-accused Suhail Khan has been granted bail by the Sessions Court, arguments advanced by learned counsel for the parties, the applicant is in jail since 11.4.2025 and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed. Let the applicant Aniruddha Narayan, involved in Case Crime No.0309 of 2023 under section 409 I.P.C., P.S. Ghazipur, district Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A I.P.C. (now section 269 BNS). (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C. (now section 209 BNS) Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case. Order Date :- 9.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench