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2025 DAILYLAW 160521 (ALL)

MRINAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NABAIL/1115/2025 · 2025-09-04

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1115 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Punit Kumar Yadav, the learned counsel for the applicant as well as Sri Abhay Kumar Singh, the learned Additional Government Advocate appearing on behalf of the State, Sri Anshuman Singh, Advocate holding brief of Dr. Pooja Singh, the learned counsel for the complainant and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0139 of 2025, under Sections 406, 420, 467, 468, 471 I.P.C., registered at Police Station Vibhuti Khand, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.04.2025 against three accused persons including the applicant stating that the complainant is Executive Director of Bhardwaj Unibuild Private Limited. Co-accused Vijay Singh was an employee of the company since the year 2019. The complainant company had demanded rupees two crores financial aid from M/s Oxyzo Financial Services Pvt. Ltd. and the said company had issued a provisional sanction letter to Bhardwaj Unibuild Private Limited on 15.04.2023. However, the complainant thereafter decided not to take the loan and he sent this information to M/s Oxyzo Financial Services Pvt. Ltd. Co-accused Vijay Singh under a conspiracy with some officials of M/s Oxyzo Financial Services Pvt. Ltd. including Mrinal Singh (the applicant), who is Chief Manager of M/s Oxyzo Financial Services Pvt. Ltd. A forged loan agreement was prepared on 29.03.2023. Versus Counsel for Applicant(s) : Punit Kumar Yadav, Aseem Goswami Counsel for Opposite Party(s): G.A., Dr. Pooja Singh Mrinal Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 4. Although the F.I.R. mentions that some other officials of M/s Oxyzo Financial Services Pvt. Ltd. namely Ruchi Kalra (CFO), Kapil Oberoi, Manager and Bhuvneshwar Tiwari ( (Executive) were also involved in the conspiracy. Merely the applicant and Bhuvneshwar Tiwari have been made accused in the F.I.R. and Ruchi Kalra and Kapil Oberoi have not been made accused. 5. Initially the applicant had filed an application seeking anticipatory bail application before the learned Session Court and the Session Court had granted time to file objection against the application without granting interim anticipatory bail to the applicant. 6. The applicant had approached this court and he was granted interim anticipatory bail by a coordinate Bench of this court by means of an order dated 27.05.2025, passed in Criminal Misc. Anticipatory Bail Application No.529 of 2025. Thereafter, the applicant's anticipatory bail application has been rejected by the learned Sessions Court by means of an order dated 26.06.2025. 7. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no previous criminal history and he has falsely been implicated in the present case. 8. The learned counsel for the complainant has vehemently opposed the prayer for anticipatory bail and he has submitted that all the accused persons, including the applicant have committed a fraud against the complainant by issuing a loan of rupees two crores whereas the applicant after issuance of the provisional sanction letter the complainant has not taken any proceeding for disbursal of the loan. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is merely said to be involved in conspiracy for commission of the alleged offence along with three other officials of M/s Oxyzo Financial Services Pvt. Ltd. including Ruchi Kalra, CFO and Kapil Oberoi, Manager and they have not been made accused in the F.I.R.; that the applicant has no previous criminal history and he was granted interim anticipatory bail by means of an order dated 27.05.2025 and there is no allegation of misuse of interim anticipatory bail granted to the applicant and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for NABAIL No. 1115 of 2025 2 making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Mrinal Singh before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. September 4, 2025 Ram. NABAIL No. 1115 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench