HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11660 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Supplementary affidavit filed by learned counsel for the applicant is taken on record. In the prosecution case, it is alleged that the applicant, being a Director of Reality Investment Solutions Private Limited, induced the general public, including the informant, to invest money on the pretext of high returns and thereafter misappropriated an amount of approximately Rs.18,00,000/-. Learned counsel for the applicant submits that the alleged incident pertains to the year 2015 and the offences are triable by a Magistrate. The charge sheet has already been filed. It is further submitted that the applicant is in custody since 21.10.2024. The complainant has already received a substantial amount under a buy-back scheme. The applicant has also explained his criminal antecedents of 13 cases in paragraph 28 of the bail application. During custody, he was referred to the Department of Orthopedic Surgery on 17.08.2025 and was advised bilateral total hip replacement. It is argued that even accepting the prosecution case at its face value, no offence under Section 409 IPC is made out. Reliance has been placed on the judgment of the Supreme Court in Robert John D'souza v. Stephen V. Gomes, (2015) 9 SCC 96. Emphasis is on paragraph 11. Versus Counsel for Applicant(s) : Amol Kumar Srivastava, Parvez Ahmad Siddiqui Counsel for Opposite Party(s) : G.A. Balvir Singh @ Balveer Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the prayer for bail. Considering the fact that the offences are triable by the Magistrate, the charge sheet has been filed, the applicant has explained his criminal history in paragraph 28 of the bail application, and he is in custody since 21.10.2024, this Court finds it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Balvir Singh @ Balveer Singh, involved in FIR No.-0005 of 2025, under Sections 420/406/409/506 IPC, P.S.-. Ashiyana, District- Lucknow, 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 9, 2025 R.C. BAIL No. 11660 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench