HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42429 of 2025 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Dhananjay Kumar Pandey, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant/ accused- Mushtaque Alam to enlarge him on bail in Case Crime No. 117 of 2022, under Sections 409, 420, 467, 468, 471 and 120B IPC, P.S.- Cantt., District- Varanasi, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the FIR has been lodged on 17.03.2022 through an application under section 156(3) Cr.P.C. against three named persons, wherein accused/applicant has not been named. Learned counsel submits that the matter relates to Shine City, wherein the company has advertised for the sale of plots and accepted money from the allottees. The informant and other persons were one of the allottees. It is the contention of learned counsel that during investigation it is found that the accused/applicant, who was initially the agent of Shine City became the Additional Director of the company with marginal role in the company but has been made a face of the company by the other co-accused, Rashid Naseem and Asif Naseem, who are the founder of the Shine City and the applicant has no role. The accused/applicant has criminal history of 48 cases, wherein in 46 cases, he is on bail and in two cases his bail application is pending. It is further contended that the accused is merely an employee of the company with no business. The charge sheet is submitted. The accused applicant is Versus Counsel for Applicant(s) : Dhananjay Kumar Pandey Counsel for Opposite Party(s) : G.A. Mushtaque Alam .....Applicant(s) State of U.P. .....Opposite Party(s) languishing in jail since 13.10.2021. The trial is still at nascent stage. He seeks to be enlarged on bail. 4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering the role of accused/applicant, who is apparently the Additional Director of the company with no specific profile shown in the case diary whereas the other co-accused Amitabh Srivastava, who was named in the FIR has already been granted bail by the coordinate Bench of this Court, the accused/applicant is entitled to be released on bail. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant 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]. 9. The accused/applicant shall ensure his presence either personally or through counsel before the trial court on every date. 10. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 30, 2026 Abhishek Sri. BAIL No. 42429 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad