BIHARILAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7869/2025 · 2025-08-22
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159353 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159353 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:49597 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7869 of 2025 Applicant :- Biharilal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vivek Chandra, learned counsel for the applicant, 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. 361 of 2024, under Sections 316(2), 318(4), 352, 351(3), 319, 338, 336(3), 340(2), 61(2) of BNS, registered at Police Station Jaidpur, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.10.2024 stating that the applicant is known to the complainant and at his suggestion the complainant had made investment in Haniway (O.P.C.), Private Limited Company under allurement of lucrative return but no return was paid on the investment made by the complainant in the aforesaid company. 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. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the involvement of the applicant has been established during investigation and charge-sheet has been submitted on 31.07.2025. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR has been lodged upon non return of investment made in a company and there is no allegation that the applicant is a Director or other Principal holder in the company; the applicant has no previous criminal history and he is languishing in jail since 25.06.2025, whereas the investigation stands concluded, 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. 7. Accordingly, this bail application stands allowed. 8.
Let the applicant-Biharilal 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. Order Date :- 22.8.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench