Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 62975 (ALL)

SUNIL KUMAR MITTAL v. STATE OF U.P.

BAIL/51300/2023 · 2025-08-03

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:130903 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51300 of 2023 Applicant :- Sunil Kumar Mittal Opposite Party :- State of U.P. Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Swetashwa Agarwal, learned advocate appeared for the applicant and has filed supplementary affidavit today. The same is taken on record. 2. The present bail application has been moved by the applicant-accused Sunil Kumar Mittal for the offence punishable under Sections 420, 409, 467, 468, 471, 120B, 34 I.P.C. & Section 3/4/5/6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 in Case Crime No.0071 of 2017, Police Station- Dhaulana, District Hapur. 3. Sri Swetashwa Agarwal & Ms. Sonkashi Arora, learned advocate appeared for the applicant and submits that the accused is in jail since last seven years, he was Co-Director of M/s Ablaze Info Solutions Pvt. Ltd, which is in the business of providing social solutions. The informant has invested Rs.57,500/- in the company on 06.01.2017 and did not get the assured return, which led to registration of F.I.R. on 27.02.2017. It is further submitted that the accused was Co-Director of the company since September, 2010 to 2016and the incident is of later date. The charge sheet has been submitted. 225 cases of similar nature have been filed against the accused, wherein he is on bail. It is further submitted that the accused, who is already loaded with 225 cases, wherein he has to furnish surety, he has relied on the order dated 10th March, 2025 of the coordinate Bench of this Court passed in Application U/s 482 Cr.P.C. No. 36673 of 2024 (Sunil Kumar Vs. State of U.P.) wherein furnishing of surety bond is provided under paragraph 6, which may also be considered. The accused applicant is in jail since April, 2017, who is student and having a career. As such, he prays that the accused/applicant be enlarged on bail. 4. Per contra, learned A.G.A. has opposed the bail application and submits that the accused is a habitual offender. The matter pertains to a scam of Rs. 2 to 4 crores. 5. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 6. The perusal of the record prima facie reveals that the F.I.R. has been registered against the accused on 27.02.2017 though the accused has resigned on March, 2016. The informant has invested money for profit in the social solution. All the 225 FIRs have the same root of cheating by floating a company. The role of accused is subject to trial. The charge sheet has been submitted. The accused is in jail since April, 2017. 7. Hence, without touching merit of the case, the bail application is allowed. 8. Let the applicant be released on bail in the aforesaid case crime on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned. 9. The accused/applicants be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. Learned counsel has relied on the order dated 10th March, 2025 of the coordinate Bench of this Court passed in Application U/s 482 Cr.P.C. No. 36673 of 2024 (Sunil Kumar Vs. State of U.P.) wherein furnishing of surety bond is provided under paragraph 6, which may also be considered. 10. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 4.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad