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2025 DAILYLAW 156133 (ALL)

AVNISH KUMAR TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

/7234/2025 · 2025-08-05

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45448 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7234 of 2025 Applicant :- Avnish Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Manoj Kumar Mishra,Ajay Kumar Verma,Piyush Tripathi,Shubham Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Manoj Kumar Mishra, learned counsel for the applicant, Shri Amit Kumar Dwivedi, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.828 of 2024 under Sections 420/409/ I.P.C. registered at Police Station- Dewa, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.12.2024 against 13 named persons, including the applicant, alleging that the informant and several other persons had made investments in Companies of Time City Group but no return was paid on their investments. 4. The applicant has been described in the FIR as Director of the Company. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent. 6. The applicant's involvement in 11 other cases has been disclosed in para-3 of the supplementary affidavit, in 9 of which he has been released on bail. 7. Learned counsel for the applicant states that all the cases are of similar nature, relating to the grievances of non-return of investments made in the aforesaid group of Companies. 8. Co-accused Pankaj Kumar Pathak, who is the Chairman of the Company and Ashok Singh, who is the General Manager of the Company, have been granted bail by means of orders dated 14.02.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos.774 of 2025 & 923 of 2025 respectively. 9. When the applicant is Director of the Company and no specific allegation has been levelled against him and the Chairman and the General Manager of the aforesaid Company have already been granted bail in the present case and that the applicant has been granted bail in 9 other cases of similar nature, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Avnish Kumar Tripathi 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. . [Subhash Vidyarthi, J.] Order Date :- 5.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench