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Neutral Citation No. - 2025:AHC:133485 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26961 of 2025 Applicant :- Raj Kumar Roy Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Jaiswal,Sandeep Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the F.I.R. was lodged against the Managing Directors, Director and Chairman and other staffs of the company with the allegations that they cheated several investors who invested their money in the company and has not been refunded. Learned counsel further submits that applicant is alleged to have been Chairman of the company. The applicant is not the beneficiary of the alleged amount invested and the alleged transaction was done between the investors and the company, for which applicant has no concern. False allegations have been made and no specific role has been assigned to the applicant. The other co-accused, Manoranjan Roy, Hari Singh and Vinay Singh, who were the Managing Directors and Director have already been enlarged on bail and as the case of applicant is not worse than that of the aforesaid co-accused, therefore, applicant may also be enlarged on bail. Learned counsel further submits that there are some other criminal cases in to the credit of applicant which relates to the offences for non refunding of money of investors and there is no prior criminal case against the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is languishing in jail since
15.07.2020. 3.
Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the
bail application stands allowed. 5. Let the applicant-Raj Kumar Roy, be enlarged on bail in Case Crime No. 617 of 2019, under Sections 406, 419, 420 I.P.C., Police Station- Kotwali Khalilabad, District Sant Kabir Nagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 6.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad