Mukesh Kumar Tyagi v. State of U.P

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The accused- applicant Mukesh Kumar Tyagi, is involved in Case Crime No.0438 of 2021, under Sections 420, 406, 120B, 34 I.P.C. and Section 3, 4, 5, 6 (1) of the Prize Chits and Money Circulation Schemes (Banning) Act 1978 and Section 66D of Information Technology Act, 2000, Police Station Sadar Bazar, District- Agra. It is argued by the learned counsel for the applicant that the incident is dated 11.01.2017 and F.I.R. has been lodged on 24.09.2021 regarding which no explanation has been given. The first information report has been lodged against four named persons. The name of the applicant has come into light on 12.01.2022 during investigation and he is shown to be beneficiary of the misappropriated amount. Criminal history of two cases is shown to his credit and in both the cases, he is on bail. He is languishing in jail since 17.01.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

Hence, bail has been prayed for. Learned A.G.A. has opposed the bail application and argued that as per case diary the present accused is said to be beneficiary of the misappropriated amount. From the F.I.R. it transpires that the complainant invested Rs. 1,42,500/- in the firm Pay Way IT Salution Private Limited Sahibabad and accused persons Varun Kumar, Rohit Mehdi Rata, Sanjay Kumar and Arun Singla were mentioned to be the officers of the firm. The applicant is not named in the F.I.R. It is the allegation that the complainant invested above mentioned money in the said firm on the pretext that he will get a very handsome return but later on the officers and the officials of the Company fled away by closing the company. The name of present accused has come into light in parcha No.10 of the case diary wherein the applicant is shown to be beneficiary of the misappropriateed amount but it has neither come on record nor it has been disclosed by the learned A.G.A. that how the applicant is the beneficiary of the amount invested by the complainant.

Any amount deposited or transferred in the account of the applicant has not been made clear by the prosecution side. The applicant is in jail since 17.01.2022 and in the cases shown as criminal history against him, admittedly, he is said to be on bail. Having heard the submissions of learned counsel of both the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. Let the applicant, Mukesh Kumar Tyagi, who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

The applicant will attend and co-operate in the trial pending before the court concerned on the dates fixed after release.

He will not tamper with the witnesses.

He will not indulge himself in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 30.3.2022 Radhika VISHWAKARMA Reason: Location: High Court of Judicature at Allahabad