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2025 DAILYLAW 188404 (ALL)

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

BAIL/11235/2025 · 2025-11-18

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11235 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. In the prosecution case, it is alleged that the informant invested money in M/s Shinecity Infra Projects Private Limited, but no returns were provided on the investments. It is further alleged that between January 2019 and April 2019, a total amount of Rs. 26,94,684.50 was invested. Learned counsel for the applicant submits that the applicant is not named in the FIR. He has criminal antecedents in 40 cases, out of which he has been granted bail in 30 cases, as specifically pleaded in paragraph 16 of the bail application. It is further submitted that co-accused Asif Naseem, who was the Managing Director as well as Director of the company and is named in the FIR, has already been granted bail vide order dated 25.08.2025 in Criminal Misc. Bail Application No. 7896 of 2025. The applicant's case is on a better footing than that of co-accused Asif Naseem as he is not named in the FIR. The applicant is in custody since 23.11.2021, and till date, the trial has not commenced and even charges have not been framed, which has been specifically stated in paragraph 40 of the bail application. 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. 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 And Another .....Opposite Party(s) Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering that the applicant is in custody since 23.11.2021; the trial has not yet commenced; co-accused Asif Naseem has been granted bail; the charge sheet has been filed; and out of 40 cases, the applicant has been granted bail in 30, and in view of the judgment of the Apex Court in Javed Gulam Nabi Shaikh v. State of Maharashtra, 2024 SCC OnLine SC 1693, I find it a fit case to grant bail to the applicant Accordingly, the bail application is allowed. Let the applicant Rajeev Kumar Singh, involved in Case Crime No.1009 of 2021, under Sections 409, 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Gomti Nagar, 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. November 18, 2025 R.C. BAIL No. 11235 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench