Neutral Citation No. - 2025:AHC-LKO:47671 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7578 of 2025 Applicant :- Asif Naseem Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Surekha Patel Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Harsh Singh, learned counsel for the applicant, Sri Ashok Srivastava, learned Additional Government Advocate 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. 1011 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 an F.I.R. lodged on 25.12.2021 in furtherance of an application under Section 156 (3) Cr.P.C. filed against ten persons, including the applicant stating that the informant had booked four plots in Shine City and had made investments in the company. An agreement to sale was executed in favour of the informant on 26.12.2016. The company given eight cheques to the informant for Rs.17,08,000/- but the company has duped an amount of Rs.34,16,000/-. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in 527 other cases has been disclosed in the bail application and the learned counsel for the applicant has submitted that all the cases are of similar nature and the applicant has already been granted bail in 224 cases. The learned counsel for the applicant has further submitted that the applicant is languishing in jail since 01.11.2021 and even charges have not been framed in the case till date. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the applicant has duped thousands of persons and the offence committed by him is serious in nature which does not justify his release on bail, but the learned A.G.A. could not dispute the fact that the applicant is languishing in jail since 01.11.2021 and even charges have not been framed till date. 6. The Purpose of keeping an accused in custody during trial is to enure his availability to face the trial. When the trial has not commenced in spite of expiry of a period of more than 3 & 1/2 years since the applicant was taken in custody, it appears that the purpose of keeping the applicant in custody is not being achieved by the prosecution. In these circumstances, the continued incarceration of the applicant does not appeared to be serving the ends of justice. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R alleges non return of money invested in a Company; it appears that no civil proceedings for recovery of the money has been instituted by the informant; the applicant is languishing in jail since 01.11.2021 and even the charges have not been framed till date, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Asif Naseem 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 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 14.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench