Neutral Citation No. - 2025:AHC:144061 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5319 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. Counter affidavit filed today in the Court on behalf of the State, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The F.I.R. allegation as alleged by the informant is that a jewllery shop runs in the name and style of Baba Jewellers at Kankarkheda, of which Smt. Rajbala wife of Rajendra Walia is the owner. The applicant is the main accused, who along with father and brother are running the aforesaid jewllery shop. Since last several years, there was a transaction between them. Some ornaments were given to him without mark of Hallmark and when it was complained, it was returned against the issuance of cheque but in the evening, a call was received that until he is told then only the cheque be presented. The informant became suspicious and made several call but neither any call was received nor nor the call was made to him. 4. Learned counsel submits that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He further submits that the applicant is not an owner of Baba Jewellers and in this regard he has drawn attention of this Court to Annexure-3 to the affidavit accompanying the bail application, which is the G.S.T. certificate and argued that the owner of M/s Baba Jewellers is Rajendra Kumar Walia and not the applicant. Learned counsel further argued that no date, time and transaction account number has been brought on record to demonstrate that the informant has given money or made R.T.G.S. in the account of the applicant. Learned counsel has also argued that in the case of the applicant, Section 409 I.P.C. is not attracted. 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. He next submits that applicant is languishing in jail since 28.08.2023. 5. Learned AGA has vehemently opposed the bail application and submits that in case the applicant is released on bail he will misuse the liberty of bail, however, could not dispute the submissions of learned counsel for the applicant with regard to parity. 6. 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. 7. Let the applicant Vinit Walia be released on bail in Case Crime No.558 of 2023 under sections 420, 409. 120B I.P.C., P.S. 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 subject to 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 an 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. 8. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 21.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad