Aryan Bhargav @ Kamlesh Vs State of U.P.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1909 of 2023

Applicant :- Aryan Bhargav @ Kamlesh Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra,Deena Nath Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajay Bhanot,J.

¶5

Personal affidavits of Shri D. Pradeep Kumar, Superintendent of Police and Shri Aniruddh Kumar, Deputy Commissioner of Police, Varanasi filed by the learned A.G.A. are taken in the record.

¶6

By means of the bail application, the applicant has prayed to be enlarged on bail in Case Crime No.226 of 2020 at Police Station-Cantt, District-Varanasi under Sections 409, 420, 120-B IPC. The applicant is in jail since 22.09.2022.

¶7

The bail application of the applicant was rejected by the learned trial court on 08.12.2022.

¶8

The following arguments made by Shri Deena Nath, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned A.G.A. for the State from the record, entitle the applicant for grant of bail:

¶9

(1). The applicant was an employee in the offending company.

¶10

(2). He was not a director nor a senior functionary responsible for creation of the policies and schemes of the company which invited investments from the public at large nor was he responsible for various statutory compliances and day to day functioning of the company.

¶11

(3). The applicant has been nominated only to deflect attention from the principal offender who were responsible for creating the aforesaid schemes and duping the public at large.

¶12

(4). The entire amounts were deposited in the bank accounts created by the company.

¶13

(5). No money trail can be connected with the applicant.

¶14

(6). The applicant was working on small salary.

¶15

(7). The applicant is not a beneficiary of any illicit transaction.

¶16

(8). The applicant has explained his criminal history. It is also contended that the applicant is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said criminal cases have no bearing on the instant bail application.

¶17

(9). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

¶18

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

¶19

Let the applicant-Aryan Bhargav @ Kamlesh be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

¶20

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

¶21

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The Court finds from a perusal of the affidavit that many of the quarries, in particular query no.(e), which were relevant have not been responded in the affidavit. The affidavit is deficient and prima facie, it appears that one critical aspect was not properly

¶22

investigated. However, it is for the competent authority to look into this aspect. A copy of this order shall be communicated to the Commissioner of Police, Varanasi for appropriate action.

¶23

Order Date :- 17.2.2023 Ashish Tripathi

¶24

Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Aryan Bhargav @ Kamlesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aryan Bhargav @ Kamlesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Javed Mohammad @ Pump Vs State of U.P.

Rahees Vs State of U.P.

Vinod Jain Vs State of U.P.

Faiz Vs State of U.P.

Akash Vs State of U.P.

Kashif Vs State of U.P.