Rajendra Subba Nayadu Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Rajendra Subba Nayadu Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed: the applicant is to be released on bail in Case Crime No. 306/2022 (Sections 420, 409, 467, 468, 471, 120-B IPC) on furnishing personal bond and sureties to the satisfaction of the court concerned, subject to conditions (i)-(v), without any expression of opinion on the merits; trial court free to cancel bail on breach of any condition.

Issue for consideration

Whether the applicant Rajendra Subba Nayadu, implicated in Case Crime No. 306 of 2022 under Sections 420, 409, 467, 468, 471 and 120-B of the Indian Penal Code (police station in District Bareilly), should be released on bail.

Court's answer

After hearing learned counsel for the applicant and the learned Assistant Solicitor General (AGA) and giving holistic consideration to the facts and circumstances available on record, the Court holds that, seeing that there is no possibility of tampering with the evidence or of any other obstructive material coming into existence, it is appropriate grounds-wise to release the applicant on bail.

Ratio / Principle

Without expressing any opinion on the merits of the case, the Court directs that the applicant be released on bail in the aforesaid offence on furnishing a personal bond and sureties to the satisfaction of the court concerned, subject to the five enumerated conditions (non-tampering with evidence; no inducement or threat to prosecution witnesses; obedience to court orders and appearance on fixed dates without unnecessary adjournments; no misuse of the liberty of bail and no repetition of or involvement in any criminal activity; no inducement, threat or contact with any person acquainted with the facts so as to deter disclosure in court).

Key takeaways

In the event of breach of any of the aforesaid conditions, the trial court shall be free to cancel the bail of the applicant.ratio¶7

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Court No. 70; Hon'ble Dr. Gautam Chowdhary, J.; Order dated 25.7.2025) — Criminal Misc. Bail Application No. 11066 of 2025; Rajendra Subba Nayadu v. State of U.P. Bail ALLOWED. The applicant, in custody since 27.07.2023, sought bail in Case Crime No. 306/2022 under Sections 420, 409, 467, 468, 471 and 120-B of the Indian Penal Code, District Bareilly; counsel urged that the applicant's name surfaced only during investigation, was absent from the first information report, that there was no independent witness of the alleged incident, that the applicant was neither director/managing director of the company concerned, and parity with the principal co-accused Morimisety Pandu @ Balaji Vasudevan @ Ramlingam, whose bail had been accepted on 31.10.2023 in application No. 38040/2023. Considering the material on record and finding no likelihood of tampering with evidence or other obstructive material, the Court, without commenting on the merits, released the applicant on bail on personal bond and sureties to the satisfaction of the court concerned, subject to conditions: (i) no tampering with prosecution evidence during investigation/examination; (ii) no inducement or threat to prosecution witnesses; (iii) compliance with court orders and appearance on fixed dates; (iv) no misuse of the liberty of bail and no fresh criminal activity; (v) no inducement, threat or pressure on persons acquainted with the facts. Breach of any condition entitles the trial court to cancel the bail.