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2025 DAILYLAW 170864 (ALL)

RAHUL ASHOK KUMAR JAIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/13357/2024 · 2025-08-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46484 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13357 of 2024 Applicant :- Rahul Ashok Kumar Jain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vishal Kumar Yadav,Ajeet Kumar,Santosh Kumar Yadav Counsel for Opposite Party :- G.A.,Eshan Kumar Gupta Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ajeet Kumar, learned counsel for the applicant, Shri Satyendra Kumar Srivastava, learned A.G.A. for the State, Shri Eshan Kumar Gupta, learned counsel for the complainant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.438 of 2024, under Sections 319(2), 338, 336(3), 340(2), 352, 351(3), 318(4), 316(2) and 61(2) of B.N.S. registered at Police Station Thankurganj, District Lucknow. 3. The aforesaid case has been registered in furtherance of the application under Section 156(3) Cr.P.C. filed against six named persons not including the applicant, stating that the accused persons took Rs.32,00,000/- from the informant under pretext of getting his son and two daughters employed in ISRO but inspite of having paid the money, the applicant's son and daughters were not given employment as promised. 4. 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. In para 17 of the affidavit, the applicant's involvement in another case of similar nature has been disclosed, in which he has already been granted bail by the Session court. 5. The learned counsel for the applicant has submitted that five co-accused persons, namely Vikram Yadav @ Vikram Rajbali Yadav, Avadesh Kumar Yadav, Mukesh Kumar Kori @ Mukesh Kumar, Rajbali Yadav and Indra Kumar Yadav @ Indra Kumar, have already been granted by the Co-ordinate Benches of this Court. 6. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail application and learned A.G.A. has submitted that the investigation already stands concluded. 7. Learned counsel for the complainant has submitted that applicant's case is different from the case of those co-accused persons who have been granted bail as it has been established during investigation that some money has been transferred to the applicant's bank account whereas this aspect has not been dealt with in the bail orders of the co-accused persons. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the F.I.R. version, the informant himself tried to secure public employment for his son and daughters by illegal means and it is only after he failed in this endeavour; that he has moved an application under Section 156(3) Cr.P.C. in furtherance of which the F.I.R. has been lodged and the applicant took recourse of process of law after having failed in his illegal endeavour; that besides another case of similar nature, the applicant has no other previous criminal history; that the applicant is languishing in jail since 30.11.2024 whereas the investigation already stands concluded and several co-accused persons have already been granted 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Rahul Ashok Kumar Jain 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. Order Date :- 8.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench