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2025 DAILYLAW 162269 (ALL)

RAJEEV KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

BAIL/8408/2025 · 2025-09-04

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8408 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Syed Tamjeed Ahmad, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A.-I 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.777 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. alleging that the informant had made some investment in a Project of Shine City Infrastructure Pvt. Ltd. Company but no return was paid on his investment. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case. It has further been stated that the applicant was a Director of the Company since January, 2015 to July 2017. 5. In the affidavit filed in support of the bail application it has been stated that the applicant is innocent and he has falsely been implicated in the present case. The applicant's involvement in 50 other cases has been disclosed in para 15 of the affidavit, all of which are similar in nature and the applicant has been granted bail in 22 cases. Co-accused Amitabh Kumar Srivastava, who was the Additional Director of the Company has been granted bail by this Versus Counsel for Applicant(s) : Syed Tamjeed Ahmad Counsel for Opposite Party(s) : G.A. Rajeev Kumar Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) court in the present case by means of an order dated 07.05.2025, passed in Criminal Misc. Bail Application No.1872 of 2025. The applicant is languishing in jail since 23.11.2021 and the learned counsel for the applicant has submitted that even the charges have not been framed in the matter till date. 6. Learned AGA-I has vehemently opposed the bail application and she has submitted that the applicant is involved in a large scale financial fraud affecting a very large number of persons and, therefore, he is not entitled to be released on bail. However, she could not refute the submissions of the learned counsel for the applicant that even charges have not been framed till date. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the purpose of keeping an under trial person in custody is to ensure his availability to face the trial and the trial has not even commenced in spite of a period of more than four years has been elapsed since the applicant was taken into custody, 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-Rajeev Kumar Singh 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 4, 2025 Ram. BAIL No. 8408 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench