Neutral Citation No. - 2025:AHC:26773 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31222 of 2023 Applicant :- Shahid Rasad @ Sayed Rasad Hashmi Opposite Party :- State of U.P. Counsel for Applicant :- Achal Singh,Prashant Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Achal Singh Vats, learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Shahid Rasad @ Sayed Rasad Hashmi, seeking enlargement on bail in Case Crime No. 304 of 2020, under sections 419, 420, 406 and 506 I.P.C., P.S. Philkhana, District-Kanpur Nagar. As per allegations of the first information report dated 7.12.2020, which has been lodged under Sections 419, 420, 406 and 506 of I.P.C. against the applicant and five other named persons, including one unknown person by the informant, alleging therein that he deposited the money in the society/company Lokhit Bharti Credit Cooperative Society and K.M.J. Land Developers India Limited and the society used to promise to make payment to its members. When business was started after forming society at the time applicant and other named accused persons used to make payment to build confidence but since last one and a half year money is not being paid, which was deposited by the members of the society against that bonds were issued by the society. Society has not paid money of bonds and society wants to usurp money of poor farmers and labours. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant is an employee of the aforesaid society and working as Assistant General Manager and his monthly salary is Rs.40,000/-. It is further submitted that during the investigation, the Investigating Officer approached the banks and obtained names of operator, authorized by the company to operate its accounts, wherein two accounts have been operated by of Mahesh Solanki and Vishal Rathor. The applicant has not operated any account of the company in ICICI Bank and Axis Bank. He further submits that similarly place other co-accused Sayed Rashid Hashmi has already been enlarged on bail by another Bench of this Court, vide order dated 30.8.2022 passed in Criminal Misc. Bail Application No. 9357 of 2022, copy whereof has been filed at page no. 138 of the paper book. He lastly submits that the applicant is languishing in jail since 7.12.2021. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Having heard and gone through materials placed on record, it is apparent that the applicant was working as Assistant Manager in the said form and the entire responsibility of the financial dealings of the company and cooperative society was upon the Chairman and Managing Director and other Directors and the applicant has no concerned with the alleged offence. Other co-accused, who was also an Assistant Manager of the said company has already been enlarged on bail by coordinate Bench of this Court. The applicant is languishing in jail since 7.12.2021. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Shahid Rasad @ Sayed Rasad Hashmi, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 24.2.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad