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Neutral Citation No. - 2025:AHC:103953 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13822 of 2025 Applicant :- Devendra Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Aman Singh Visen,Satyendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Shri Satyendra Kumar Tripathi, learned counsel for the applicant, Shri Ramesh Kumar, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 167/2021, under Sections 120-B, 419, 420, 467, 468, 471, 406, 504, 506 I.P.C., Police Station- Bhelupur, District Varanasi.
3. Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the instant case. He further contended that as per FIR version, the main allegation is against the Sai Prasad Property Ltd. for procuring investment under the guise of giving heavy returns on deposits. The applicant is neither the Director nor a share holder. He further contended that identically situated co-accused Sanjay Pandey, Sheikh Mohammad Anwar and Arvind Kumar Srivastava have already been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 49760/2021, 50993/2021 and 48547/2021 vide orders dated 07.02.2022, 09.03.2022. He is seeking parity of the
order aforesaid. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. He also added that there is no previous criminal antecedent of the applicant which has been mentioned in para 28 of the bail application. The applicant is a law abiding citizen and he is languishing in jail since 03.04.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts.
5. Thus, considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties 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.
6. Let the applicant- Devendra Pandey 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.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.7.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad