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2025 DAILYLAW 23301 (ALL)

VISHWA MOHAN JENA v. STATE OF U.P.

BAIL/6820/2025 · 2025-09-21

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6820 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Shri Anil Kushwaha, learned A.G.A.-I for the State and perused the material placed on record. 2. By means of the instant bail application, the applicant, Vishwa Mohan Jena, is seeking bail in Case Crime No. 01 of 2018, under Sections 409, 420, 467, 468, 471, 120-B I.P.C., Police Station Economic Offence Wingh Sector, Varanasi. 3. The F.I.R. was lodged against three accused including the applicant. The allegations made in the F.I.R. are that on perusal of 28 complaints made by investors and/ or their relatives it came into light that they made investment to the tune of Rs. 21,47,998/- in the form of bonds under the scheme of company which amount was usurp by the company and these accused gave cheques to the investors to the tune of Rs. 26,11,905/- which also became dishonour. 4. Learned counsel for the applicant submits that the applicant is one of the Directors of the company on account of which he has been implicated in the case with false allegation. The applicant was appointed as Director in the company in the year 2013. The allegation against the applicant is for hatching of conspiracy. Investors in their statements have not taken the name of applicant and he is not the beneficiary of the amount invested by the investors. The applicant has no role either in accepting money from the investors, or for issuing bonds, nor the applicant has issued any cheque to the investors. The charge sheet has been filed in cursory manner and there is no any clinching evidence against him. The applicant is in jail since 14.12.2024 with no previous criminal antecedents into his credit. 5. Per contra, learned A.G.A. has opposed the prayer for bail and has submitted that at the time of alleged offence applicant was also one of the Versus Counsel for Applicant(s) : Pulak Ganguly, Deepak Singh Yadav, Sheo Ram Singh Counsel for Opposite Party(s) : G.A. Vishwa Mohan Jena .....Applicant(s) State of U.P. .....Opposite Party(s) Directors of the company. All the named accused including the applicant have opened several branches all over the country and by alluring for lucrative returns they got invested the money from investors in the form of bonds and never returned their amount. Thus, there is active participation of applicant in the commission of offence, therefore, the bail application deserves to be rejected. 6. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case and considering the fact that during investigation it came into light that all the named accused including the applicant by opening opened several branches all over the country and by alluring for lucrative returns they got invested a huge amount of money from investors in the form of bonds, never returned their amount and usurp the same, without expressing any opinion on the merits of the case, no case for bail is made out. 7. Accordingly, the bail application of applicant-Vishwa Mohan Jena, is rejected. September 22, 2025 Mustaqeem. BAIL No. 6820 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad