HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5851 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Amit Daga, learned Senior Counsel assisted by Sri Harish Kumar, learned counsel for the applicant, Sri Rajesh Kumar Dubey, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-1 for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0461 of 2025, under Sections 318(4), 352, 351(3), 338, 336(3) and 340(2) of BNS, Police Station Sipri Bazar, District Jhansi, during pendency of the trial. 3. Learned counsel for the applicant submits, as per allegation, applicant in the year 2020 along with two others obtained Rs. 10 lacs from the informant under false promise to provide profit to her but applicant and co-accused duped her and neither provide any profit to her nor return her money but entire allegations levelled against him are totally false. 4. He further submits that on 23.07.2023, informant moved a complaint with regard to the same allegation before the S.S.P., concerned and, thereafter, a competent police officer conducted inquiry and on 02.09.2023, he submitted his report and from the perusal of the same, it reflects that during inquiry, informant could not prove whether she ever gave such huge amount of Rs. 10 lacs to the applicant or not and, therefore, no FIR was lodged, but after two years on 03.12.2025 Versus Counsel for Applicant(s) : Harish Kumar, Maithali Sharan Pipersenia, Umesh Chandra Shukla Counsel for Opposite Party(s) : Jayant Pareta, Naveen Kumar Upadhyay, Sachin Kumar Upadhyay, G.A., Rajesh Kumar Dubey Ravi Prakash Jha .....Applicant(s) State of U.P. .....Opposite Party(s) informant lodged FIR of the present case on the basis of same allegation. 5. He next submits that the complaint dated 30.07.2023 and inquiry report dated 02.09.2023 have been annexed along with instant bail application. 6. He further argues that applicant actually never received any money from the informant and as per informant, he gave entire money to the applicant in cash, which is highly improbable. 7. He further submits that even all the alleged offences are triable by Magistrate and applicant is in jail since 31.12.2025. 8. He further submits, however, apart from the present case applicant is having criminal history of eight other cases but entire criminal history has been explained, and in none of the cases, applicant either has been summoned or warrant has been issued against him and in majority of the cases, investigating is pending. 9. He further submits that therefore, considering the above facts applicant may be enlarged on bail. 10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that applicant with common intention duped the informant and by fraud, received Rs. 10 lacs from her and did not return any money to her. They however, could not dispute the fact that the cheating was committed by the applicant and others in the year 2020 but FIR of the present case was lodged after five years in December, 2025. They also could not dispute the fact that on similar allegation in the year 2023, a complained was filed by the informant against the applicant before the police and after inquiry, it was found that informant could not prove whether money of Rs. 10 lacs was given by her to the applicant. They however, further submits that apart from the present case applicant is having criminal history of as many as eight cases and, therefore, considering his criminal antecedent, he should not be released on bail. 11. I have heard learned counsel for the parties and perused the record of the case. BAIL No. 5851 of 2026 2 12. However, as per allegation applicant duped the informant in the year 2020 after obtaining Rs. 10 lacs from her under false promise to provide profit to her but applicant and co-accused duped her and neither provide any profit to her nor return her money but it reflects that the FIR of the present case was lodged in December, 2025 i.e. after five years. 13. Further, except bald and verbal allegations that informant gave Rs. 10 lacs as cash to the applicant and other co-accused, there is no cogent evidence which can suggest applicant received any money from her. 14. Further, records also suggest that on similar allegations on 30.07.2023 informant filed a complaint against the applicant before the S.S.P., concerned and on her application inquiry was conducted and on 02.09.2023, competent police officer after inquiry submitted his report and according to the inquiry report during inquiry, informant could not prove whether she gave any money to the applicant and, therefore, no FIR was lodged against the applicant but on the same allegation after two years, FIR of the present case was lodged. 15. Further, however, apart from the present case applicant is having criminal history of eight other cases but his entire criminal history has been explained. 16. Further, even all the alleged offences are triable by Magistrate and applicant is in jail since 31.12.2025 i.e. for last more than four months. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant -Ravi Prakash Jha 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. BAIL No. 5851 of 2026 3 (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. 20. 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. 21. 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. May 12, 2026 Mini BAIL No. 5851 of 2026 4 (Sameer Jain,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad