Allahabad High Court
Vinay Singh @ Binay Singh vs State Of U.P. on 28 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3193 of 2023 Applicant :- Vinay Singh @ Binay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Kumar,Amit Daga,Himanshu Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.1293 of 2018, under Sections 420, 406 IPC, Police Station Katghar, District Moradabad during the pendency of the trial.
Contention of learned counsel for the applicant is that the applicant is Assistant Director of the L.R.N. Finance Ltd which is sister concern of PINCON Group of Company and there is no specific allegation against the applicant to persuaded the investors. Moreover, the applicant had already deposited Rs.19 lakh in pursuance of the order of Calcutta High Court. It is further submitted that the applicant is ready to deposit some of the amount in the present case to show his bonafide. He further contended that co-accused Hari Singh has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.8649 of 2023 vide the order dated 16.03.2023. The applicant is a law abiding citizen and he is languishing in jail since 04.12.2017. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
On the other hand, learned A.G.A. has opposed the prayer for bail.
In view of above, the applicant is directed to deposit Rs.50,000/- before the CJM, Moradabad by way of demand draft in the name of first informant within a period of three weeks from today and the same shall be released to the first informant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant- Vinay Singh @ Binay Singh involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
1. In case, the applicant fails to deposit the aforesaid amount, the concerned court will cancel the bail of the applicant on the application of the first informant.
2. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
3. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
4. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.4.2023 A.Kr.