Madan Prakash Alias Bablu vs State of U.P.

Neutral Citation No. - 2025:AHC:63516

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3322 of 2025

Applicant :- Madan Prakash Alias Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Sri Vikash Tripathi, Advocate holding brief of Sri Kuldeep Johri, learned counsel for the applicant, Sri Shashank Singh learned brief holder for the State and perused the record.

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The present bail application has been filed by accused-applicant Madan Prakash Alias Bablu seeking bail in Case Crime No.15 of 2024, under Sections 420, 467, 468, 471, 120B I.P.C. and Section 66D IT Act, Police Station- Cyber Crime Police Thana Bulandshahar, District- Bulandshahar.

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In the prosecution case, it is alleged that applicant along with co-accused persons for their personal means has hatching a criminal conspiracy on the pretext of providing loan to the first informant, has usurped Rs.18,00,000/- of the first informant. This Rs.18,00,000/- have been transferred by the informant in the different bank accounts including the bank account of the applicant. Out of Rs.18,00,000/-, Rs.2,10,000/- is alleged to have been received in the bank account of applicant.

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Learned counsel for the applicant submits that there is nine months delay in lodging the F.I.R. Offence is triable by the magistrate. The applicant has no criminal history. He is in jail since 21.11.2024. He has cooperated in the investigation and has appeared before the Investigating Officer in response to notice issued under Section 41A of Cr.P.C. He undertakes to cooperate in the trial. No useful purpose will be served in keeping the applicant in judicial custody.

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Learned counsel for the applicant submits that co-accused Surendra Ratawal, Raj Pratap Singh @ Rajpal and Avinash Kaushik Alias Aashi, have already been granted on bail by this Court vide orders dated 28.11.2024, 22.01.2025 and 07.02.2025, in

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Criminal Misc. Bail Application Nos. 42775 of 2024, 41262 of 2024, and 41720 of 2024 respectively. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. for the State has opposed the bail prayer of the applicant.

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On due consideration to the submissions advanced, perusal of the record as also the fact that offence is triable by the magistrate, the applicant has no other criminal history, the delay in lodging the FIR, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant- Madan Prakash Alias Bablu be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82

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Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 24.4.2025 Manoj

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Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad

Madan Prakash Alias Bablu v. State of U.P.

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