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2025 DAILYLAW 157322 (ALL)

SHIV KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/7477/2025 · 2025-08-13

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47250 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7477 of 2025 Applicant :- Shiv Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pranjal Krishna,Aman Prakash,Suhaib Ashraf Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. The learned counsel for the applicant has filed a supplementary affidavit, which is taken on record. 2. Heard Sri Pranjal Krishna, the learned counsel for the applicant as well as Sri Avishesh Kumar Singh, the learned A.G.A. for the State and perused the record. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0023 of 2024, under Sections 409, 420, 120-B I.P.C., registered at Police Station Vibhuti Khand, District Lucknow. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.01.2024 against two persons, not including the applicant, stating that the informant had entered into an agreement to purchase a plot of land from M/s RSS Greenland Infra Pvt. Ltd., for a consideration of Rs. 8,40,000/-. The informant had paid Rs. 3 lakhs at the time of execution of the agreement on 17.01.2015 and thereafter, he paid further amount in various installments totaling to Rs. 5,40,000/- but even after expiry of eight years, the plot was not developed and its possession was not handed over to the informant. 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. Although, the applicant was not named in the F.I.R., he has been implicated subsequently as he is also one of the directors of the Company. 6. The learned counsel for the applicant has submitted that a co- accused person, Ravindra Kumar Yadav, who is named in the F.I.R as the Managing Director of the Company, has already been granted bail by means of an order dated 21.04.2025 passed by a Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 845 of 2025. 7. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in two other criminal cases, in one of which the Investigating Officer has submitted a closure report and in the other case, the applicant is yet to receive any summon. 8. The learned A.G.A. has opposed the prayer for bail but he could not dispute the fact that the named co-accused person, who is Managing Director of the Company, has already been granted bail whereas the applicant has been implicated subsequently because he is also a director of the Company. He further submitted that the allegations have been established during investigation and a charge-sheet has been submitted by the Investigating Officer. 9. Keeping in view the aforesaid facts and circumstances of the case, I am of the view that the applicant is also entitled to be granted bail in the present case on the ground of parity. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Shiv Kumar 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 :- 13.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench