Heard Sri v. P. Srivastava, learned Senior Counsel assisted by Sri Amit Singh

1. Heard Sri V. P. Srivastava, learned Senior Counsel assisted by Sri Amit Singh, learned counsel for the applicant and Sri Shatrughan Yadav, learned A.G.A. for the State-respondent.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.1943 of 2023, under Sections 420, 467, 468, 471, 120-B I.P.C. and Sections 13(1)C, 13(2)B Prevention of Corruption Act, Police Station Vijay Nagar, E.O.W., District Ghaziabad, during pendency of the trial in the court below.

3. Learned Senior Counsel appearing on behalf of the applicant submits that FIR of the present case was lodged on 14th December, 2016 against applicant and six others, under Section 420, 467, 468, 471 I.P.C. and as per allegation made against the applicant, informant purchased a flat from a construction company and although he did not take any loan but after taking the possession of the flat, he came to know that applicant had taken the loan of Rs.55,00,000/- on his property from Punjab National Bank in tripartite agreement dated 15th January, 2025 in collusion with the construction company but entire allegations levelled against the applicant are totally false.

4. He further submits that applicant never took any loan from the bank and when he came to know about lodgement of the FIR of the present case then he on 17th December, 2016 lodged an FIR against the construction company and its officials under Sections 406, 408, 420, 423, 466, 467, 383, 384, 120-B I.P.C., which has been annexed at page 71 of the paper book filed in support of the instant bail application and in the FIR, he specifically disclosed that he never took any loan.

5. He further submits, with regard to the property in question and other properties when allottees of the flats failed to repay the loan amount then in this regard a separate case has been registered, which was investigated by the C.B.I. and in that case, applicant was also made accused with the allegation that he was one of the allottee of one of the flat and he by playing fraud took the loan and thereafter defaulted but in that case applicant has been released on anticipatory bail by this Court and order of the same has been annexed as Annexure No.6 to the affidavit filed in support of the instant bail application.

6. He further submits, however, FIR of the present case was lodged on 14th December, 2016 and applicant was arrested on 04.07.2025 but after lodgement of the FIR, Investigating Officer did not propose to arrest him and when subsequently after eight years he tried to arrest him then applicant approached this Court to seek anticipatory bail and thereafter on the direction given by this Court, he filed regular bail before the court concerned and therefore, he cannot be said to be an absconder.

7. He further submits that applicant is a respected person of the society and recently he has been retired from senior position from N.T.P.C.

8. He further submits that applicant is a senior citizen and except the present case and another case disclosed earlier, applicant is not having any other criminal history to his credit.

9. He further submits that applicant is in jail in the present matter since 04.07.2025.

10. Per contra; learned A.G.A. however opposed prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

11. I have heard both the parties and perused the material available on record.

12. However, as per allegations, applicant by playing fraud took loan of Rs.55,00,000 /- over the property of the complainant but as per the applicant, he never took any loan and by playing fraud loan has been taken over the alleged property on his name and in this regard, he also lodged an FIR on 17th December, 2016 against the construction company and its related officials.

13. Further, record also suggests that in case relates to R.C. No.2192017E00017, applicant has also been made accused during investigation, which was being investigated by the C.B.I. with the same allegation that he was one of the allottee of one of the flat and he defaulted to pay the loan but in that case he has been released on anticipatory bail by this Court.

14. Further, apart from the present case and the above case, which was investigated by the C.B.I., applicant is having no other criminal history to his credit.

15. Further, however, it reflects, applicant was arrested in the present matter after about nine years from the FIR but considering the facts of the case, submissions made by learned Senior Counsel appearing on behalf of the applicant in this regard, cannot be completely brushed aside.

16. Further, it appears that applicant was a senior officer in N.T.P.C. and has recently retired and is in jail since 04.07.2025.

17. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should not be dismissed for punitive purpose.

18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

20. Let the applicant- Satya Deo Singh be released on bail in the aforesaid case on 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 trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

21. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

22. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 14.8.2025/Zafar MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

1. Heard Sri V. P. Srivastava, learned Senior Counsel assisted by Sri Amit Singh, learned counsel for the applicant and Sri Shatrughan Yadav, learned A.G.A. for the State-respondent.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.1943 of 2023, under Sections 420, 467, 468, 471, 120-B I.P.C. and Sections 13(1)C, 13(2)B Prevention of Corruption Act, Police Station Vijay Nagar, E.O.W., District Ghaziabad, during pendency of the trial in the court below.

3. Learned Senior Counsel appearing on behalf of the applicant submits that FIR of the present case was lodged on 14th December, 2016 against applicant and six others, under Section 420, 467, 468, 471 I.P.C. and as per allegation made against the applicant, informant purchased a flat from a construction company and although he did not take any loan but after taking the possession of the flat, he came to know that applicant had taken the loan of Rs.55,00,000/- on his property from Punjab National Bank in tripartite agreement dated 15th January, 2025 in collusion with the construction company but entire allegations levelled against the applicant are totally false.

4. He further submits that applicant never took any loan from the bank and when he came to know about lodgement of the FIR of the present case then he on 17th December, 2016 lodged an FIR against the construction company and its officials under Sections 406, 408, 420, 423, 466, 467, 383, 384, 120-B I.P.C., which has been annexed at page 71 of the paper book filed in support of the instant bail application and in the FIR, he specifically disclosed that he never took any loan.

5. He further submits, with regard to the property in question and other properties when allottees of the flats failed to repay the loan amount then in this regard a separate case has been registered, which was investigated by the C.B.I. and in that case, applicant was also made accused with the allegation that he was one of the allottee of one of the flat and he by playing fraud took the loan and thereafter defaulted but in that case applicant has been released on anticipatory bail by this Court and order of the same has been annexed as Annexure No.6 to the affidavit filed in support of the instant bail application.

6. He further submits, however, FIR of the present case was lodged on 14th December, 2016 and applicant was arrested on 04.07.2025 but after lodgement of the FIR, Investigating Officer did not propose to arrest him and when subsequently after eight years he tried to arrest him then applicant approached this Court to seek anticipatory bail and thereafter on the direction given by this Court, he filed regular bail before the court concerned and therefore, he cannot be said to be an absconder.

7. He further submits that applicant is a respected person of the society and recently he has been retired from senior position from N.T.P.C.

8. He further submits that applicant is a senior citizen and except the present case and another case disclosed earlier, applicant is not having any other criminal history to his credit.

9. He further submits that applicant is in jail in the present matter since 04.07.2025.

10. Per contra; learned A.G.A. however opposed prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

11. I have heard both the parties and perused the material available on record.

12. However, as per allegations, applicant by playing fraud took loan of Rs.55,00,000 /- over the property of the complainant but as per the applicant, he never took any loan and by playing fraud loan has been taken over the alleged property on his name and in this regard, he also lodged an FIR on 17th December, 2016 against the construction company and its related officials.

13. Further, record also suggests that in case relates to R.C. No.2192017E00017, applicant has also been made accused during investigation, which was being investigated by the C.B.I. with the same allegation that he was one of the allottee of one of the flat and he defaulted to pay the loan but in that case he has been released on anticipatory bail by this Court.

14. Further, apart from the present case and the above case, which was investigated by the C.B.I., applicant is having no other criminal history to his credit.

15. Further, however, it reflects, applicant was arrested in the present matter after about nine years from the FIR but considering the facts of the case, submissions made by learned Senior Counsel appearing on behalf of the applicant in this regard, cannot be completely brushed aside.

16. Further, it appears that applicant was a senior officer in N.T.P.C. and has recently retired and is in jail since 04.07.2025.

17. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should not be dismissed for punitive purpose.

18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

20. Let the applicant- Satya Deo Singh be released on bail in the aforesaid case on 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 trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

21. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

22. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 14.8.2025/Zafar MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad