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2025 DAILYLAW 20170 (ALL)

VINIT WALIA v. State of UP

BAIL/5286/2024 · 2025-08-12

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138563 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5286 of 2024 Applicant :- Vinit Walia Opposite Party :- State of U.P. Counsel for Applicant :- Amar Nath Singh,Anil Kumar Mishra,Rakesh Pati Tiwari,Ram Prakash Sharma,Sunil Kumar,Sushil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case. The F.I.R. was lodged by the complaint against the applicant and eight named persons with the specific allegation against the applicant that she had deposited thirteen lakh rupees to the applicant for booking of gold, of which the accused issued her some receipts and cheques, but neither her money has been returned nor gold has been given by the applicant. It has further been alleged all the accused are actively involved in the alleged crime. Learned counsel further submits that the applicant is a jeweller and it has been admitted by the informant in the F.I.R. herself that there were business transactions between the applicant's family and the informant's family from several years. The informant had invested her money in Baba Jewellers who owner is Rajendra Walia, thus, there is no role of applicant. Learned counsel further submits that the dispute is purely civil in nature regarding business transaction for which prosecution has given criminal colour with malicious intention. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The applicant was not having any criminal history but after the present case the police has implicated in six other cases, and in two cases he is on bail. He next submits that the applicant is in jail since 28.08.2023. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Vinit Walia, be enlarged on bail in Case Crime No. 556 of 2023, under Sections 420, 409, 120B I.P.C., Police Station- Kankarkhera, District- Meerut, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 13.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad