High Court

1. Heard Ms. Ayasha Begum, Advocate holding brief of Sri Bhoopal Singh Rathor, learned counsel for the applicant, Sri Ranvijay Singh, learned A.G.A and Sri Yash Gupta, Advocate, holding brief of Sri Kuldeep Srivastava, learned counsel for Enforcement Directorate (E.D.).

2. As per learned counsel for the applicant, the present applicant (Faiz Ahmad) is languishing in jail since 27.05.2023 in Case Crime No.0733 of 2021, under Sections 409, 420, 467, 468, 471, 120-B I.P.C., Police Station-Gomti Nagar, District- Lucknow. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

3. Attention has been drawn towards the impugned FIR which has been lodged on 21.09.2021 for the alleged offence which took place on 02.09.2020. Though, the incident is of the year 2020, FIR has been lodged in 2021 and the present applicant has been arrested in 2023. Learned counsel for the applicant has stated that the present applicant is an innocent person and at the time of alleged incident, he was not discharging any assignment for his master company in the name of Shine City Infra Pvt. Ltd. Gomti Nagar, Lucknow or Paradise Garden Bakshi Ka Talab, Lucknow. The present applicant was initially serving in such company as Senior Operation Executive on temporary basis on the consolidated salary of Rs.15,000/- per month, as appointment letter dated 01.01.2017 has been enclosed as Annexure-2. Since the aforesaid company committed fraud and forgery to the tune of rupees crores therefore not only the Managing Director, Director and other senior officials of the company have been implicated but the employees and petty employees of those employees have been implicated on the allegation that they were the instrumental to allure the public to invest their hard earned money in the company. Since the present applicant was employee of the company therefore he also convinced to some personnel to invest some amount in the company. On account of his such employment, he has been roped in seven other cases wherein he has granted bail in Criminal Misc. Bail Application Nos. 1339/2024, 13926/2023, 29278/2023, 7031/2023. 290/2024, 15341/2023, 15386/2023 and

4. Further attention has been drawn towards the bail orders of co-accused persons, namely, Aquib Nasim, Saba Khan @ Saba Fatima & Shagufta Khan, who have been granted bail by this Court in same crime case vide orders dated 07.08.2024, 04.07.2022 &23.09.2022 passed in Criminal Misc. Bail Application Nos. 7023/2024, 4742/2022 & 5966/2022. One co- accused Aquib Nasim is real brother of main accused and Director of the company.

5. Learned counsel for the applicant has further submitted that before engaging in a company in question there was no criminal history of any kind whatsoever of the present applicant and he is himself a victim to the effect that he started job in company which committed fraud and the present applicant has also been roped and has suffered a lot being an employee of such company. She has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly.

6. Learned AGA as well as learned counsel for E.D. have opposed the aforesaid bail prayer by submitting that the company Shine City Infra Pvt. Ltd. has committed huge fraud to the tune of Rs.62 thousand crores approx and even if the present applicant was employee of the company, he is also responsible for such fraudulent act being committed by the company, however, they have not disputed the fact that other co-accused persons have been granted bail including one Director of the company, namely, Aquib Nasim.

7. Having heard learned counsel for the parties and having perused the material available on record; considering the facts that the present applicant is an innocent person and at the time of alleged incident, he was not discharging any assignment for his master company in the name of Shine City Infra Pvt. Ltd. Gomti Nagar, Lucknow or Paradise Garden Bakshi Ka Talab, Lucknow, he has been roped in seven other cases wherein he has granted bail in Criminal Misc. Bail Application Nos. 1339/2024, 13926/2023, 29278/2023, 290/2024, 15341/2023, 15386/2023 and 7031/2023, co-accused, persons namely, Aquib Nasim (who is real brother of main accused and Director of the company), Saba Khan @ Saba Fatima & Shagufta Khan, have already been granted bail by this Court; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

8. Accordingly, the bail application is allowed.

9. Let the applicant (Faiz Ahmad) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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. (ii) 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 IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 23.7.2025/Reena/- (Rajesh Sigh Chauhan,J.)

1. Heard Ms. Ayasha Begum, Advocate holding brief of Sri Bhoopal Singh Rathor, learned counsel for the applicant, Sri Ranvijay Singh, learned A.G.A and Sri Yash Gupta, Advocate, holding brief of Sri Kuldeep Srivastava, learned counsel for Enforcement Directorate (E.D.).

2. As per learned counsel for the applicant, the present applicant (Faiz Ahmad) is languishing in jail since 27.05.2023 in Case Crime No.0733 of 2021, under Sections 409, 420, 467, 468, 471, 120-B I.P.C., Police Station-Gomti Nagar, District- Lucknow. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

3. Attention has been drawn towards the impugned FIR which has been lodged on 21.09.2021 for the alleged offence which took place on 02.09.2020. Though, the incident is of the year 2020, FIR has been lodged in 2021 and the present applicant has been arrested in 2023. Learned counsel for the applicant has stated that the present applicant is an innocent person and at the time of alleged incident, he was not discharging any assignment for his master company in the name of Shine City Infra Pvt. Ltd. Gomti Nagar, Lucknow or Paradise Garden Bakshi Ka Talab, Lucknow. The present applicant was initially serving in such company as Senior Operation Executive on temporary basis on the consolidated salary of Rs.15,000/- per month, as appointment letter dated 01.01.2017 has been enclosed as Annexure-2. Since the aforesaid company committed fraud and forgery to the tune of rupees crores therefore not only the Managing Director, Director and other senior officials of the company have been implicated but the employees and petty employees of those employees have been implicated on the allegation that they were the instrumental to allure the public to invest their hard earned money in the company. Since the present applicant was employee of the company therefore he also convinced to some personnel to invest some amount in the company. On account of his such employment, he has been roped in seven other cases wherein he has granted bail in Criminal Misc. Bail Application Nos. 1339/2024, 13926/2023, 29278/2023, 7031/2023. 290/2024, 15341/2023, 15386/2023 and

4. Further attention has been drawn towards the bail orders of co-accused persons, namely, Aquib Nasim, Saba Khan @ Saba Fatima & Shagufta Khan, who have been granted bail by this Court in same crime case vide orders dated 07.08.2024, 04.07.2022 &23.09.2022 passed in Criminal Misc. Bail Application Nos. 7023/2024, 4742/2022 & 5966/2022. One co- accused Aquib Nasim is real brother of main accused and Director of the company.

5. Learned counsel for the applicant has further submitted that before engaging in a company in question there was no criminal history of any kind whatsoever of the present applicant and he is himself a victim to the effect that he started job in company which committed fraud and the present applicant has also been roped and has suffered a lot being an employee of such company. She has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly.

6. Learned AGA as well as learned counsel for E.D. have opposed the aforesaid bail prayer by submitting that the company Shine City Infra Pvt. Ltd. has committed huge fraud to the tune of Rs.62 thousand crores approx and even if the present applicant was employee of the company, he is also responsible for such fraudulent act being committed by the company, however, they have not disputed the fact that other co-accused persons have been granted bail including one Director of the company, namely, Aquib Nasim.

7. Having heard learned counsel for the parties and having perused the material available on record; considering the facts that the present applicant is an innocent person and at the time of alleged incident, he was not discharging any assignment for his master company in the name of Shine City Infra Pvt. Ltd. Gomti Nagar, Lucknow or Paradise Garden Bakshi Ka Talab, Lucknow, he has been roped in seven other cases wherein he has granted bail in Criminal Misc. Bail Application Nos. 1339/2024, 13926/2023, 29278/2023, 290/2024, 15341/2023, 15386/2023 and 7031/2023, co-accused, persons namely, Aquib Nasim (who is real brother of main accused and Director of the company), Saba Khan @ Saba Fatima & Shagufta Khan, have already been granted bail by this Court; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

8. Accordingly, the bail application is allowed.

9. Let the applicant (Faiz Ahmad) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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. (ii) 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 IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 23.7.2025/Reena/- (Rajesh Sigh Chauhan,J.)