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Neutral Citation No. - 2025:AHC:116760 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12992 of 2025 Applicant :- Naresh Kumar Kajala Opposite Party :- State of U.P. Counsel for Applicant :- Kameshwar Singh,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Counter affidavit filed today by learned A.G.A is taken on record. 2. Heard learned counsel for the applicant and Sri Rajiv Kumar Singh, learned A.G.A for the State and perused the material available on record. 3. Applicant seeks bail in Case Crime No. 227 of 2024, under Sections 506, 406, 420 I.P.C, Police Station - Bahadurgarh, District - Hapur, during the pendency of trial. 4. Contention of the learned counsel for the applicant is that applicant was a retired army personnel, he was working as an agent in Nexa Evergreen Pvt. Ltd., who persuaded investors to invest with a promise of heavy returns and first informant also invested in the aforesaid company on pursuance of co-accused. Subsequently, profit as well as invested amount could not be returned by the aforesaid company. It is further submitted that no allegation is made against the applicant that any amount has been deposited in his account, entire amount has been deposited in the account of aforesaid company as well as in the account of co- accused. It is further submitted that the main allegation is against Director of the aforesaid company namely Subhash Chand Brijaniya. It has been further submitted that all the offence are punishable upto 7 years. Charge sheet has already been submitted, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and is languishing in jail since
07.03.2025. Criminal history of two cases has been explained in the accompanied affidavit. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 6. Thus, considering the entire facts and circumstances of the case as well as law laid down by the Apex Court regarding offences punishable upto 7 years in Satender Kumar Antil Vs.
Central Bureau of Investigation and Another reported in (2021) 10 SCC 773 and Siddharth vs State of U.P. and another; (2022) 1 SCC 676 and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Naresh Kumar Kajala, involved in the aforementioned crime 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, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad