Ashok Singh v. State of U.P.)

1. Heard Sri Manoj Kumar Mishra, learned counsel for the applicant and Sri Ran Vijay Singh, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 8.12.2024 in Case Crime No. 694 of 2024 u/s 409, 419 IPC, P.S. Dewa, District Barabanki. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. Sri Sumit Tripathi, C.O. City, Barabanki and Sri Anil Kumar Pandey, S.H.O, Dewa, Barabanki are present in Court in compliance of the oral order of this Court on the last date to assist the Court today.

4. Attention has been drawn towards the impugned F.I.R. which was lodged on 13.10.2024 for the incident dated 01.01.2017 without explaining the delay properly. In the impugned F.I.R. the allegations have been levelled against 13 accused persons including the present applicant. The present applicant was Vice President in Timecity Multi State Cooperative Housing Society Limited, Timecity Real Estate (India) Ltd. and Timecity Infrastructure & Housing Ltd. The applicant joined the company in the year 2019 whereas the allegations have been levelled regarding fraudulent transactions / acts since 2017.

5. One co-accused Pankaj Kumar Pathak who was Chairman of the aforesaid Company against whom the allegations were levelled has been granted bail by this Court on 16.1.2025 in Criminal Misc. Bail Application No. 400 of 2025. Against Pankaj Kumar Pathak there are total 14 cases but against the present applicant there are 11 criminal cases, the aforesaid criminal history of the applicant has been explained in para 21 of the application. The bail of Pankaj Kumar Pathak was granted on his assurance that as soon as he comes out from jail he shall approach the aggrieved persons and will try to settle the dispute. The present applicant being the Vice Chairman of the Company has also given undertaking that he shall also try his level best with the help of Pankaj Kumar Pathak to settle the dispute by making payment to aggrieved persons.

6. Learned counsel for the applicant has submitted that the present applicant has already been granted bail vide order dated 14.02.2025 passed in Crl. Misc. Bail Application No. 713 of 2025 (Ashok Singh Vs. State of U.P.); vide order dated 14.02.2025 passed in Crl. Misc. Bail Application No. 966 of 2025 (Ashok Singh Vs. State of U.P.) and vide order dated 14.02.2025 passed in Crl. Misc. Bail Application No. 923 of 2025 (Ashok Singh Vs. State of U.P.).

7. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

8. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

9. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the F.I.R. was lodged on 13.10.2024 for the incident dated 01.01.2017 without explaining the delay properly, in the impugned F.I.R. the allegations have been levelled against 13 accused persons including the present applicant, the applicant joined the company in the year 2019 whereas the allegations have been levelled regarding fraudulent transactions / acts since 2017, co- accused Pankaj Kumar Pathak who was Chairman of the aforesaid Company against whom the allegations were levelled has been granted bail by this Court on 16.1.2025 in Criminal Misc. Bail Application No. 400 of 2025, against the present applicant there are 11 criminal cases which have been explained in para 20 of the application, the present applicant being the Vice Chairman of the Company has also given undertaking that he shall also try his level best with the help of Pankaj Kumar Pathak to settle the dispute by making payment to aggrieved persons and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

10. Accordingly, the bail application is allowed.

11. Let the applicant Ashok Singh, involved in aforesaid case 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 with the following conditions which are being imposed in the interest of justice:- (i) 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. (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 of the Indian Penal Code. (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.may be issued and if 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. (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. 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. (v) The applicant shall not leave the country without permission of the Court concerned. (Rajesh Singh Chauhan, J.) Order Date :- 21.2.2025 (Manoj K.) MANOJ KUMAR MANOJ KUMAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

1. Heard Sri Manoj Kumar Mishra, learned counsel for the applicant and Sri Ran Vijay Singh, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 8.12.2024 in Case Crime No. 694 of 2024 u/s 409, 419 IPC, P.S. Dewa, District Barabanki. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. Sri Sumit Tripathi, C.O. City, Barabanki and Sri Anil Kumar Pandey, S.H.O, Dewa, Barabanki are present in Court in compliance of the oral order of this Court on the last date to assist the Court today.

4. Attention has been drawn towards the impugned F.I.R. which was lodged on 13.10.2024 for the incident dated 01.01.2017 without explaining the delay properly. In the impugned F.I.R. the allegations have been levelled against 13 accused persons including the present applicant. The present applicant was Vice President in Timecity Multi State Cooperative Housing Society Limited, Timecity Real Estate (India) Ltd. and Timecity Infrastructure & Housing Ltd. The applicant joined the company in the year 2019 whereas the allegations have been levelled regarding fraudulent transactions / acts since 2017.

5. One co-accused Pankaj Kumar Pathak who was Chairman of the aforesaid Company against whom the allegations were levelled has been granted bail by this Court on 16.1.2025 in Criminal Misc. Bail Application No. 400 of 2025. Against Pankaj Kumar Pathak there are total 14 cases but against the present applicant there are 11 criminal cases, the aforesaid criminal history of the applicant has been explained in para 21 of the application. The bail of Pankaj Kumar Pathak was granted on his assurance that as soon as he comes out from jail he shall approach the aggrieved persons and will try to settle the dispute. The present applicant being the Vice Chairman of the Company has also given undertaking that he shall also try his level best with the help of Pankaj Kumar Pathak to settle the dispute by making payment to aggrieved persons.

6. Learned counsel for the applicant has submitted that the present applicant has already been granted bail vide order dated 14.02.2025 passed in Crl. Misc. Bail Application No. 713 of 2025 (Ashok Singh Vs. State of U.P.); vide order dated 14.02.2025 passed in Crl. Misc. Bail Application No. 966 of 2025 (Ashok Singh Vs. State of U.P.) and vide order dated 14.02.2025 passed in Crl. Misc. Bail Application No. 923 of 2025 (Ashok Singh Vs. State of U.P.).

7. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

8. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

9. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the F.I.R. was lodged on 13.10.2024 for the incident dated 01.01.2017 without explaining the delay properly, in the impugned F.I.R. the allegations have been levelled against 13 accused persons including the present applicant, the applicant joined the company in the year 2019 whereas the allegations have been levelled regarding fraudulent transactions / acts since 2017, co- accused Pankaj Kumar Pathak who was Chairman of the aforesaid Company against whom the allegations were levelled has been granted bail by this Court on 16.1.2025 in Criminal Misc. Bail Application No. 400 of 2025, against the present applicant there are 11 criminal cases which have been explained in para 20 of the application, the present applicant being the Vice Chairman of the Company has also given undertaking that he shall also try his level best with the help of Pankaj Kumar Pathak to settle the dispute by making payment to aggrieved persons and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

10. Accordingly, the bail application is allowed.

11. Let the applicant Ashok Singh, involved in aforesaid case 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 with the following conditions which are being imposed in the interest of justice:- (i) 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. (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 of the Indian Penal Code. (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.may be issued and if 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. (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. 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. (v) The applicant shall not leave the country without permission of the Court concerned. (Rajesh Singh Chauhan, J.) Order Date :- 21.2.2025 (Manoj K.) MANOJ KUMAR MANOJ KUMAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench