HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12102 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.38 of 2022 under Section 409, 420 IPC, Police Station Gomti Nagar, District Lucknow. In the prosecution case, it is alleged that the FIR has been lodged against six persons, including the applicant, who is shown as a Director of the Company. It is further alleged that the informant invested an amount of Rs. 65,000/- on the assurance given by the applicant and the co-accused persons that the money would be doubled within 36 months. However, it is alleged that the said amount was usurped by the accused persons, and neither any return nor the promised amount has been paid to the informant. Learned counsel for the applicant submits that the co-accused persons, namely Ratan Chand Dwivedi and Jainuddin Ansari, who are the CMD and Director of the Company, have already been granted bail by the learned trial court, and the bail orders are on record as Annexures-3 and 4 to the bail application. It is further submitted that another co-accused, Dharmendra Prajapati, has also been granted bail by a Coordinate Bench of this Court vide order dated 02.08.2024 passed in Bail Application No. 8060 of 2024, which has been filed as Annexure-5 to the bail application. The applicant, therefore, seeks parity with the bail order granted to the co-accused Dharmendra Prajapati. Versus Counsel for Applicant(s) : Ujjwal Pandey Counsel for Opposite Party(s) : G.A. Ashutosh Tripathi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) The applicant is in jail since 14.04.2023. He has explained the criminal history of 32 cases in paragraph 20 of the bail application. The offence is triable by the Magistrate. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the bail orders of co-accused Ratan Chand Dwivedi and Jainuddin Ansari, as well as that of the other co-accused named above; taking into account that the applicant has explained the criminal history in paragraph 20 of the bail application; the applicant is in jail since 14.04.2023; and the offence is triable by the Magistrate, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Ashutosh Tripathi involved in the aforesaid FIR/Case crime number, 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 BAIL No. 12102 of 2025 2 the trial. December 4, 2025 Madhu D.R/P.S BAIL No. 12102 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench