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2025 DAILYLAW 148791 (ALL)

SANDEEP PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/6030/2025 · 2025-08-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48982 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6030 of 2025 Applicant :- Sandeep Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Aditya Vikram Shahi,Gyan Sagar Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Gyan Sagar Gupta, the learned counsel for the applicant, Smt. Kamlesh Kumari, the learned A.G.A. for the State and perused the record. Rejoinder affidavit as well as supplementary affidavit have been filed by the learned counsel for the applicant, which are taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0733 of 2021, 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 21.09.2021 against 10 persons, including the applicant, alleging that the complainant had made investments in the Company- Shine City Infrastructure Pvt. Ltd. but no return was paid on his investment and the complainant was duped. 4. Although, the applicant is named in the F.I.R, there is no specific allegation of commission of any act by him. 5. 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. 6. The learned counsel for the applicant has submitted that the applicant's involvement in nine other cases have been disclosed in the affidavit and in the supplementary affidavit filed in support of the bail application, all of which are similar in nature arising out of non return of investments made in Company- Shine City Infrastructure Pvt. Ltd. He further submitted that the applicant was a paid worker for the Company. 7. The learned A.G.A. has opposed the bail application and she has submitted that the allegations have been established during investigation and a charge-sheet has already been submitted. 8. The learned counsel for the complainant has also opposed the bail application and he has submitted that the applicant has received money in his account from the account of a Company, which appears to be a part of the proceeds of crime of the Company. 9. The learned counsel for the applicant has submitted that three co-accused persons,namely, Shaguta Khan, Aquib Nasim and Saba Khan @ Saba Fatima, have been granted bail by means of orders dated 23.09.2022, 07.08.2024 and 04.07.2022 passed by the Coordinate Bench of this Court in Criminal Misc. Bail Application Nos.5966 of 2022, 7023 of 2024 and 4742 of 2022, respectively. 10. Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is also entitled to be released on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Sandeep Pandey 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