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2025 DAILYLAW 20298 (ALL)

PRAVEEN KARDAM v. STATE OF U.P.

BAIL/6805/2025 · 2025-03-23

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42790 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6805 of 2025 Applicant :- Praveen Kardam Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.06 of 2020, under Sections 420, 467, 468, 120-B I.P.C., P.S. Sector-58 Noida, District Gautam Budh Nagar, during pendency of the trial. 3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is investor in the scheme of the firm and Director of the firm is Rajesh Kantwal. Learned counsel for the applicant next submitted that co-accused Rajesh Kantwal, Puspendra Kumar & Nirdesh Tyagi have been granted bail by the Co-ordinate Bench of this Court vide orders dated 20.10.2020, 11.11.2021 respectively. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant has total 13 cases of criminal history and in some of the cases, he has been granted bail. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 15.11.2024 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial. 5. On the other hand, learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant, Praveen Kardam, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (ii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 24.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad