Neutral Citation No. - 2025:AHC:107193 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15330 of 2025 Applicant :- Rakesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Dwivedi,Prashank Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the applicant and Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material available on record. 2. Applicant seeks bail in Case Crime No. 404 of 2018, under Sections 420, 409, 406, 120B, 506, 323 of I.P.C., Police Station - Kotwali, District - Ghaziabad, during the pendency of trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that applicant is not named in the first information report. It is further submitted that as per the first information report, the allegation was made against the finance company namely M/S Kalptaru Buildtech Corporation Ltd. which persuaded the investors to invest the money in the aforesaid company but after sometime did not return the money of the investors. It is further submitted that applicant was simply an employee of the aforesaid company, he is neither a Director nor an officer of the aforesaid company/society. The applicant is a law abiding citizen and is languishing in jail since 31.12.2024. Applicant has criminal history of one case which has been properly explained. Charge has already been submitted against the applicant,therefore, there is no requirement of custodial interrogation. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 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- Rakesh Kumar, 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 :- 7.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad