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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31608 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J.
1. Heard Sri Kushagra Agrawal, learned counsel for the applicant and Sri Ajay Singh, learned AGA for the State Respondent and perused the record. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 688 of 2024, under Sections 111, 318, 336(3), 340(2), 61(2) B.N.S. and Section 3/21 Banning of Unregulated Deposit Scheme Act, 2019, Police Station Kotwali Lalitpur, District Lalitpur during pendency of the trial. 3. Learned counsel for the applicant submitted that as per allegation, applicant was one of the agent in LUCC company and he along with others duped the common public but entire allegation levelled against the applicant is totally false. He further submitted that if company receives deposits from its investors through its agents and subsequently duped the amount of its investors then agent of the company cannot be held liable for the same. He further submits that however, applicant is having criminal history of 22 other cases, which has been explained in the affidavit filed in support of the bail application. He further submitted that in the present matter, applicant is in jail since 27.03.2025. It is further submitted that on the similar footing the co-accused Vipul Shukla, Jitendra Singh Niranjan and Alok Kumar Jain @ Alok Jain have been granted bail by the Court vide order dated 21.05.2025, 14.07.2025 and 02.04.2025 passed in Criminal Misc. Bail Application Nos. 17447 of 2025, 10803 of 2025 and 6262 of 2025 respectively, therefore, the applicant is also entitled to be released on bail. Versus Counsel for Applicant(s) : Kushagra Agrawal, Rahul Singh, Ravi Jha, Ravindra Singh Counsel for Opposite Party(s) : G.A. Santosh Kumar Mishra .....Applicant(s) State of U.P. .....Opposite Party(s)
4. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the record of the case. 6.
However, as per allegation applicant was agent of LUCC company and subsequently after receiving deposits the maturity amount has not been returned to the investors but considering the fact that he is the agent of the company, submission advanced by learned counsel for the applicant at this stage, cannot be ruled out. 7. Further, learned counsel for the applicant submits that there is no cogent evidence against the applicant with regard to the offence of Organized Crime. Further, however, apart from the present case, applicant is having criminal history of 22 other cases which has been explained in the affidavit. Further, in the present matter, applicant is in jail since 26.03.2025. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant, Santosh Kumar Mishra, 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. BAIL No. 31608 of 2025 2
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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 16, 2025 pks BAIL No. 31608 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad