Neutral Citation No. - 2025:AHC:66001 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 382 of 2025 Applicant :- Harishpal Bhati Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Mohd Imran Khan,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri N. I. Jafri, learned Senior Counsel assisted by Sri S. I. Jafri, learned counsel for the applicant, Sri Arimardan Yadav, learned A.G.A. for the State and perused the material on record. The present bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 401 of 2024 for offence punishable under Sections 318(4), 316(5), 61(2) of the B.N.S. and Section 66 of the Information Technology Act, registered at Police Station Sector 63, District Gautam Buddh Nagar, during pendency of the trial. Brief facts of the case is that the applicant along with other accused persons formed a trading company in the name of Kalpvriksha Trading Company, in which investors were attracted to investing with the promise of high return. Thereafter, they duped or cheated the investors of huge amount of money and consequently close down the said company. The present applicant was one of the Team Leader and has invested his own money for a sum of Rs. 3,97,000/- and has become the part of the Company. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with ulterior motive. It is further submitted that the charge-sheet has been submitted against the applicant and there is no requirement for custodial interrogation of the applicant. He submits that it is the fact that the applicant was part of the Company as Team Leader but he was not in a position of decision making or any way involved in framing the policy of trading company. He further submits that the applicant is the victim of the said Trading Company in which he has invested Rs. 3,97,000/- and in out of greed he used to persuaded the other members to invest in the company so that he may earn the profit. He further submits that he is neither involved in defrauding the investors and he has been falsely implicated upon the statement of one of the investor. He submits that the kingpin of this case are Vinod Kumar Dhama and Ravindra Kumar Dhama have been granted bail by the Court of Chief Judicial Magistrate, and the applicant is merely associated as a Team Leader and is nothing to do with the forming of scheme to defraud the persons. He has next argued that the applicant has no previous criminal history and there is no likelihood of his fleeing from course of justice or tampering with evidence. The applicant is languishing in jail since 04.11.2024 and in case the applicant is released on bail, he shall not misuse the liberty of bail. Per contra, learned A.G.A. has supported the order passed by the Sessions Court and vehemently opposed the prayer for grant of bail to the applicant and submits that the allegations involved are very serious in nature but he could not point out any material to the contrary. He, however, submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. In the light of the facts and circumstances of the present case, it would be inappropriate to discuss the evidence in depth at this stage because it is likely to influence the trial of the accused. But, from the perusal of the evidences, collected during investigation so far, prima-facie, the involvement of the accused in the present case cannot be ruled out. No reason is found to falsely implicate the applicant/accused. Therefore, there is no good ground to release the applicant-accused on bail at this stage. All the contentions raised by the learned counsel for the applicant pertain to the merits of the case and the same cannot be considered while considering application for grant of bail. This court is unable to form an opinion at this stage that the accused has not committed an offence. In the ultimate conclusion, considering the facts and circumstances of the case, gravity of the offence, severity of punishment, in my opinion, no case for bail is made out. Accordingly, the bail application is hereby rejected. It is clarified that the observations made regarding the bail application is limited to the decision of the bail application and any observations made herein shall not effect the trial of the case. Order Date :- 24.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad