Asif Naseem vs State of U.P.

Neutral Citation No. - 2025:AHC:145833

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29073 of 2025

Applicant :- Asif Naseem Opposite Party :- State of U.P. Counsel for Applicant :- Manjeet Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant and the learned A.G.A. for the State as well as perused the material brought on record.

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Learned counsel for the applicant has submitted that the applicant is named in the F.I.R. along with four named and one unknown persons. Allegation is that informant had made some investment in Shine City Company under allurement of lucrative returns but no returns were paid to the informant. The applicant being Director of the company has been implicated in the present case. It has also been submitted that more than 500 FIRs were lodged throughout the State arising out of similar disputes. The applicant has been named in some of the FIRs. The applicant has already been granted bail in more than 30 cases of similar nature. One co-accused, Amitabh Kumar Srivastava @ Dr. Kumar Amitabh Srivastava has already been enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him.The applicant is in jail since 01.11.2021.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicant- Asif Naseem , be enlarged on bail in Case Crime No. 580 of 2021, under Sections 406, 420, 467, 468, 471, 120-B I.P.C., Police Station- Lanka, District- Commisionerate Varanasi, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following

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conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

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Order Date :- 23.8.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Asif Naseem v. State of U.P.

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Asif Naseem v. State of U.P.

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