2025:UHC:5499 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 25.06.2025 BA1/1700/2023 Hon’ble Alok Mahra, J. Mr. Parikshit Saini, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. for the State. 3. The applicant-Abdul Razzak, who is in judicial custody in connection with F.I.R./Case Crime No. 44 of 2023, under Sections 406, 420, 467, 468, 471, 409, 411, 120B I.P.C. and Section 3 Uttarakhand Protection of Interest of Depositors Act, 2005 registered at Police Station Kotwarli Jwalapur District Haridwar, has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. An FIR was lodged by the complainant Wasim Rao with the allegation that he deposited/invested `2.81 lacs in Kabir Mutual Benefits Ltd (Muslim Fund) and the founder of the Company Abdul Razzak (present application) usurped said amount and absconded. 6. The applicant is innocent and has been falsely implicated. The Muslim Fund was lawfully registered with the Registrar’s office in Haridwar. There are many members in the fund, yet only the complainant has raised a complaint. The applicant has already returned the said money to the complainant. He has no prior criminal history. Co- accused Masroor Alam and Naseem, who allegedly conspired against the applicant and misled him, have already been granted bail by a Coordinate Bench on 23.05.2023. 7. Learned counsel for the applicant would further submit that the applicant has been in judicial custody since 25.01.2023 and has thus undergone an incarceration of approximately two years and five months. The applicant has no prior criminal history. He would further submit that the applicant was associated with a Muslim Chit Fund and has never engaged in any gold loan activity or committed any 2025:UHC:5499 violation of the RBI guidelines. The applicant is a permanent resident of Haridwar, hence, there is no likelihood of his absconding or tampering with the evidence. 8. Learned counsel for the applicant would further submit that the co-accused Masroor Alam and Naseem, who, in conspiracy and with dishonest intention, cheated the applicant and falsely implicated him in the present case, have already been granted bail by the Coordinate Bench of this Court vide judgment and order dated 23.05.2023. 9. Per contra, learned State Counsel opposed the bail application by submitting that although the FIR was initially lodged under Sections 406 and 420 IPC, after completion of investigation, the Investigating Officer has filed the chargesheet under Sections 406, 420, 467, 468, 471, 409, 411, and 120-B IPC, as well as under Section 3 of the Uttarakhand Protection of Interest of Depositors Act, 2005. Learned State counsel would further submit that the applicant’s bail application was rejected by the trial court vide order dated 26.06.2023. However, he fairly conceded that the applicant was arrested on 25.01.2023 and has been languishing in jail since then. 10. Having considered the submissions made by both parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 11. Accordingly, the bail application is allowed. 12. Let the applicant Abdul Razzak, be released on bail in the aforesaid case on his executing a personal bond and furnishing two reliable sureties each in the like amount, to the satisfaction of the court concerned. (Alok Mahra, J.) 25.06.2025 Mamta 2025:UHC:5499