IN THE HIGH COURT OF ALLAHABAD
Subhash Vidyarthi, J.
Ajay Upadhyay – Applicant
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. – Opposite Party
Criminal misc. Bail application No. - 9301 of 2023
Decided On : 24-07-2023
Indian Penal Code, 1860 - Sections 406, 419, 420, 467, 468, 471, 504, 506 - Code of Criminal Procedure, 1973 - Section 156(3) - Bail application - Offence of criminal breach of trust and cheating - Held, FIR complains about non payment money invested in company and applicant was merely an employee in company; that applicant has been granted bail in three other cases of similar nature, applicant is entitled to be released on bail in this case - Bail application allowed.
JUDGMENT :
1. Heard Sri S.K. Upadhyay, learned counsel for the applicant, Sri Surya Prakash Upadhyaya, learned AGA for the State and perused the records.
2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 0156 of 2022, under Sections 406, 419, 420, 467, 468, 471, 504, 506 IPC, Police Station Purakalandar, District Faizabad/Ayodhya.
3. The aforesaid case has been registered on the basis of an FIR lodged on 11.04.2022 against five persons, including the applicant, in furtherance of an application under Section 156(3) Cr.P.C. alleging that on persuasion of the applicant, the informant had invested some amount in the name of himself and in the name of his wife in Ani Bullian Traders and Eye Vision India Credit Cooperative Society. Several other relatives of the informant have also made investments in the company but upon maturity no amount was paid to them.
4. In the affidavit filed in support of the bail application, it has been stated that the applicant was merely an employee in the company.
5. It has been stated in the affidavit that the applicant is involved in numerous cases of similar nature relating to non payment of amount by the aforesaid company.
6. The applicant has already been granted bail in three other cases of similar nature and copies of bail orders have been annexed as Annexure No. 3 to the affidavit filed in support of the bail application.
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that FIR complains about non payment money invested in company and the applicant was merely an employee in the company; that the applicant has been granted bail in three other cases of similar nature, I am of the view that the applicant is entitled to be released on bail in this case also.
8. Accordingly, this bail application is allowed.
9. Let the applicant-Ajay Upadhyay be released on bail in Case Case Crime No. 0156 of 2022, under Sections 406, 419, 420, 467, 468, 471, 504, 506 IPC, Police Station Purakalandar, District Faizabad/Ayodhya on furnishing a bail bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The court considered the principle of parity in granting bail to the applicant, taking into account the bail granted to other co-accused persons in similar circumstances.
The bail application was rejected due to the petitioner's absconding and noncompliance with bail conditions, emphasizing the importance of respecting legal processes.
The court considered the applicant's criminal history, the arguments of the learned counsel, and the fact that five co-accused persons had already been granted bail in the same case before deciding t....
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