Allowed¶16

Asif Naseem v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Allahabad HC14 May 2025BAIL/4130/2025

Case brief

AI extract

What is this about?

Asif Naseem bail granted; Allahabad High Court Lucknow Bench; CRIMINAL MISC. BAIL APPLICATION No. 4130 of 2025; Judge Subhash Vidyarthi; decided 14.5.2025; Case Crime No. 530 of 2020; Sections 409, 420, 467, 468, 471, 120-B IPC; Shine City Infrastructure Pvt. Ltd.; Director; prolonged detention since 01.11.2021 without framing of charges; parity with co-accused; bail in 14 similar cases; ~527 F.I.Rs; conditions on bail.

What did the court decide?

Release of the applicant Asif Naseem on bail in Case Crime No. 530 of 2020 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: not to tamper with prosecution evidence, not to pressurize prosecution witnesses, and to appear on each and every date fixed by the trial Court. ¶16

Asif Naseem Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, Asif Naseem, is entitled to be released on bail in Case Crime No. 530 of 2020 (Sections 409, 420, 467, 468, 471, 120-B IPC, Police Station Gomti Nagar, District Lucknow).

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Court's answer

With the applicant in custody since 01.11.2021 and the trial not commenced even after more than three and a half years, the purpose of keeping the applicant in custody (ensuring availability to face trial) is not being achieved; given that numerous co-accused have been granted bail in similar cases and the applicant has bail in 14 similar cases, he is also entitled to be released on bail.

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Ratio / Principle

The bail application is allowed; the applicant shall be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial Court.

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Detailed headnote1 paragraphs

Bail allowed (Allahabad High Court, Lucknow Bench, Subhash Vidyarthi, J., Order dated 14.5.2025) in CRIMINAL MISC. BAIL APPLICATION No. 4130 of 2025 concerning Case Crime No. 530 of 2020 under Sections 409, 420, 467, 468, 471, 120-B I.P.C., P.S. Gomti Nagar, District Lucknow, arising from an F.I.R. regarding non-payment of returns on investments in Shine City Infrastructure Pvt. Ltd., of which the applicant Asif Naseem is described as a Director. Grounds: prolonged incarceration since 01.11.2021 with charges neither framed nor trial commenced after over three and a half years, so the purpose of custody is not being achieved; parity with numerous co-accused granted bail in similar cases and the applicant's existing bail in 14 similar matters among about 527 related F.I.Rs. Release ordered on a personal bond and two sureties, with conditions against tampering with evidence, pressurizing witnesses, and requiring appearance on every date fixed by the trial Court.

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Neutral Citation No. - 2025:AHC-LKO:28291

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4130 of 2025

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Applicant :- Asif Naseem Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Surekha Patel Counsel for Opposite Party :- G.A.,Brijesh Singh Vishen,Kuldeep Srivastava

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Hon'ble Subhash Vidyarthi,J.

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Vakalatnama filed by Sri Brijesh Singh Vishen, Advocate appearing on behalf of the informant is taken on record.

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Heard Ms. Surekha Patel, learned counsel for the applicant, Sri Jayant Singh Tomar, learned AGA-I for the State, Sri Yash Gupta, Advocate holding brief of Sri Kuldeep Srivastava, learned counsel for the Enforcement Directorate, and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.530 of 2020 under Sections 409, 420, 467, 468, 471, 120-B, I.P.C. registered at Police Station- Gomti Nagar, District- Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. alleging that the informant had made some investments in Shine City Infrastructure Pvt. Ltd. Company under allurement of lucrative returns but no returns were paid to the informant. The applicant has been described as a Director of the Company.

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In the affidavit filed in support of the bail application, it has been stated that about 527 other F.I.Rs have been lodged throughout the State arising out of similar disputes. The applicant has been named in some of the F.I.Rs. The applicant has already been granted bail in 14 other matters of similar nature.

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Learned counsel for the applicant states that the applicant is languishing in jail since 01.11.2021 and even charges have not been framed till date.

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The purpose of keeping an under trial person in custody is to ensure his availability to face the trial. When the applicant is

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languishing in jail since 01.11.2021 and in spite of expiry of a period of more than three and a half years since the applicant was taken into custody, the trial has not even commenced till date, it appears that the purpose of keeping the applicant in custody is not being achieved. Numerous other co-accused persons have already been granted bail in similar cases and the applicant has also been granted bail in 14 other cases of similar nature.

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Keeping in view the aforesaid facts, I am of the view that the applicant is also entitled to be released on bail in the aforesaid case.

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9 Accordingly, this bail application stands allowed .

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Let the applicant- Asif Naseem be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court.

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[Subhash Vidyarthi, J.]

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Order Date :- 14.5.2025 -Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Asif Naseem v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

What is this about?

What did the court decide?

Asif Naseem v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Coram

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