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Neutral Citation No. - 2025:AHC:116152 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15462 of 2025 Applicant :- Sandeep Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Avesh Mishra Counsel for Opposite Party :- G.A.,Vinay Kumar Srivastava Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ashok Kumar Mishra, learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A. for the State, Sri Vinay Kumar Srivastava, learned counsel appearing on behalf of first informant and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 345 of 2024, under Sections- 420, 406, 467, 468, 471, 506 I.P.C., Police Station- Kotwali Nagar, District- Etah, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that as per allegation of the first information report as well as statement of first informant, the co-acused Vipin Singh has introduced the informant with Tarun Dudeja, who is main organizer of the company namely Udan Seva Kendra. Tarun Dudeja further pursuaded the informant to deposit Rs. 5,00,000/- to obtain franchise of the company. It is further submitted that the entire money was transferred in the account of the company of Tarun Dudeja and not a single 'penny' has been transferred in the account of applicant. It is submitted that except the vague allegation that the applicant was also sitting with Tarun Dudeja, no allegation has been made against the applicant. It is further submitted that the applicant has criminal history of one case, which he has explained
in the accompanying affidavit. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. It is submitted that the similarly placed co-accused namely Vipin Singh and Shantanu Aanand have already released on bail, vide orders dated 27.05.2025 and 07.07.2025, passed in Criminal Misc. Bail Application Nos. 16004 of 2025 and 17992 of 2025 respectively, hence, the applicant is also entitled to be released on bail. The applicant is a law abiding citizen and he is languishing in jail since
25.02.2025. 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. as well as learned counsel appearing on behalf of first informant have opposed the prayer for bail but could not dispute the aforesaid facts. 5. 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- Sandeep Mishra, 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 :- 17.7.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad