Allowed

Sreedhar P v. State of U.P.

Allahabad HC11 Apr 2023BAIL/13582/2023

Case brief

AI extract

What is this about?

The single-judge High Court in Allahabad allowed a bail application filed by Sreedhar P, accusing him of cheque fraud and misappropriation via prize chits. The judge granted bail primarily due to the applicant's six-year incarceration, despite his criminal history, without expressing an opinion on the case merits.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties each in like amount subject to standard conditions.

Sreedhar P Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13582 of 2023

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Applicant :- Sreedhar P Opposite Party :- State of U.P. Counsel for Applicant :- Ugrasen Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Ugrasen Kumar Pandey, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned AGA, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.532 of 2017 under Sections 406, 420, 467,468, 471 and 120B IPC and Sections 3, 4, 5, 6 Prize Chits and Money Circulation Scheme Banning Act, 1978, Police StationKavinagar, District-Ghaziabad during pendency of the trial.

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FIR of the present case was lodged under Sections 420 and 406 IPC against Anubhav Mittal, one of the Director of Ablaze Info Solution Pvt. Ltd. and according to the FIR informant invested huge amount in his company and by playing fraud he misappropriated entire money of informant.

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Learned counsel for the applicant submits that applicant was not named in the FIR and during investigation he was made accused in the present matter on the ground that he was Chief Operational Officer (COO) of Ablaze Info Solution Pvt. Ltd. and there is no evidence against him on record which can show that applicant either induced the informant or any other person or on his instigation money was invested in the Company. He next submits that against the Company there are as many as more than 300 cases were lodged and being COO of the Company applicant was also implicated in those cases but in

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about 100 cases after investigation final report was submitted in favour of applicant.

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He next submits that applicant although is in jail since 2.2.2017, i.e., for the last about more than 6 years but in the present case also he is in jail for last at least 2 years as his bail was rejected by the concerned court on 24.2.2021.

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He next submits that other co-accused persons, who were the Directors of the Company, namely, Ayushi Agarwal and Sunil Mittal have already been released on bail by Coordinate Benches of this Court. He further submits that all the offences are triable by Magistrate First Class, therefore, applicant may also be released on bail.

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Per contra, learned AGA opposed the prayer for bail and submits that Company of the applicant duped Hundred Crores of common public but he could not dispute the fact that being COO applicant was made accused in the present matter and in all other cases and number of Director of the Company have already been released on bail and applicant is in jail for the last about 6 years and in the present matter also it appears that he is in jail for the last about more than two years.

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I have heard learned counsel for the parties and perused the record of the case.

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Applicant was not named in the FIR and during investigation being COO of Ablaze Info Solution Private Ltd. applicant was made accused in the present matter and there is no evidence that applicant ever induced any one to invest money in the Company. Further, other Directors of the Company Ayushi Agarwal and Sunil Mittal have already been released on bail. Although applicant is having long criminal history of more

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than 300 cases but it appears that in all the cases he was made accused only being COO of the Company, namely, Ablaze Info Solution and against Company also more than 300 FIRs were lodged. Although exact period of confinement of applicant in the present matter is not clear but as in the instant matter his bail application was dismissed by the court concerned on 24.1.2021, therefore, it appears that at least he is in jail for the last more than 2 years. Applicant otherwise in some other cases is in jail since 2.2.2017, i.e., for the last about more than 6 years, therefore, considering long incarceration of application, in my view, applicant is also entitled to be released on bail.

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In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Sreedhar P . 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for

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cancellation of the bail of the applicant.

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Order Date :- 11.4.2023 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Sreedhar P v. State of U.P.

Case brief

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Sreedhar P v. State of U.P.

Case brief

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