Allahabad High Court
Hari Singh vs State Of U.P. on 16 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8649 of 2023 Applicant :- Hari Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Tripathi,Ashok Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri A.K. Upadhyay, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent.
The instant application has been filed seeking release of the applicant on bail in Criminal Case No. 4536 of 2021 (Case Crime No. 1293 of 2018, under Sections 420, 406 IPC), Police Station- Katghar, District- Moradabad, during pendency of the trial in the court below.
The FIR of the present case was lodged on 28.11.2018 under Sections 420, 406 IPC against applicant and six others and according to the FIR applicant was one of the director of PINCON GROUP of company and on the inducement of the applicant and other directors of the company, informant and others invested Rs. 8 lacs in the company but subsequently it was revealed that the company of the applicant was Chit Fund company and entire money of the informant and others were misappropriated by the applicant and other accused persons.
Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and baseless and applicant never induced either informant or any other person to invest any money in the company and no money was received by the applicant and if informant and others invested in the company and they suffered some losses then applicant cannot be held liable.
He further submitted that all the offences are triable by Magistrate-I Class and for those offences maximum punishment is 7 years. He further submitted that although, applicant is having criminal history of two other cases but his criminal history has been explained in the affidavit filed in support of the present bail application. He further submitted that applicant in the present matter is in jail since 25.1.2021 i.e. for last about more than two years.
Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.
I have heard learned counsel for the parties and perused the record of the case.
Although, applicant is one of the director of PINCON GROUP of company but it appears that he was not the sole director and there is no evidence on record which can show that either he himself received money or money was transferred in his account and it appears that the informant and others invested their money in the company of the applicant and after investment they suffered some loses.
Further, offence under Sections 420, 406 IPC is triable by Magistrate-I Class and maximum punishment provided under Sections 420, 406 IPC is seven years. Although, applicant is having criminal history of two other cases but his criminal history has been explained in affidavit filed in support of the present bail application.
Therefore, from the discussion made above, in my view applicant is entitled to be released on bail.
In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant- Hari Singh 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.
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.
Order Date :- 16.3.2023 KK Patel