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2025 DAILYLAW 161419 (ALL)

MOHD. SOAIB v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8316/2025 · 2025-09-02

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8316 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ashish Kumar Rastogi, learned counsel for the applicant, Shri Avishesh Kumar Singh, 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.45 of 2021, under Sections 409 & 120-B I.P.C., registered at Police Station Qaisarbagh, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.03.2021 against the then Vice Chancellor of Bharakhande Sangeet Sansthan and the unnamed employees of Bharakhande Sangeet Sansthan, stating that the Vice Chancellor of the Universtity had got certain works carried out without adopting the due procedure and without inviting tenders. 4. During investigation, it has come to light that the applicant's firm had got certain work carried out in the University and, therefore, he was arrested on 23.07.2025. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. Learned A.G.A. has opposed the bail application and he has submitted that the investigation has established the complicity of the applicant in commission of the offences and a charge sheet has been submitted against him on 26.07.2025. Versus Counsel for Applicant(s) : Ashish Kumar Rastogi Counsel for Opposite Party(s) : G.A. Mohd. Soaib .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no allegation that the applicant has sanctioned any payment without carrying out the work and that the applicant has no criminal history and he is languishing in jail since 23.07.2025 whereas the investigation stands concluded and a co-accused Dr. Srishti Mathur has already been granted anticipatory bail, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant - Mohd. Soaib 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. September 2, 2025 S. Shivhare BAIL No. 8316 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench