High Court · 2025

1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party-State and Mr. Ram Prakash Pandey, learned counsel for complainant.

2. First bail application has been filed with regard to Case Crime No.0061 of 2023, under Sections 406, 420, 506, 467, 468, 471, 120-B and 170 I.P.C., Police Station Indira Nagar, District Lucknow.

3. As per contents of first information report, applicant alongwith co-accused is said to have defrauded the applicant of a substantial amount money on the pretext of advancing loan amount to him.

4. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him which would be evident from a bare perusal for FIR to the effect that there is no allegation that any payment was made directly to the applicant or to his firm Diwan Group and most of the amount was in fact paid to one Virendra Kumar (since deceased) and to one Shaam Arjandas Talreja who is the Managing Director of another firm Right Solution. Learned counsel has also drawn attention to the fact that in the FIR it has been stated that it is the applicant who met with informant on 26.02.2021 whereas the said fact has been contradicted by the informant himself in his statement recorded under section 161 Cr.P.C. It is submitted that the applicant is under incarceration since 12.04.2023 with evidence yet to commence. It is submitted that previous criminal history of eight cases has been explained.

5. Learned Additional Government Advocate appearing on behalf of State and learned counsel for complainant have opposed bail application with submission that it is in fact the applicant who is the master mind of the entire operation. Learned counsel for informant submits that majority of the amount was in fact paid into the account of firm Right Solutions which was immediately transferred into the account of Diwan Group, of which the applicant is Managing Director. He has also drawn attention to order passed by High Court of Bombay in Bail Application No.3581 of 2023 whereunder the bail application of Shaam Arjandas Talreja has been rejected and rejection order has been upheld by Hon'ble the Supreme Court in Special Leave to Appeal (Crl.) No.11897 of 2024. Learned AGA on the basis of instructions admits that previous criminal history has been explained.

6. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."

7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that as per contents of FIR most of the amount is said to have been given one Virendra Kumar (since deceased) and into the account of firm Right Solutions. It is realization is that the said amount was thereafter immediately transferred into the account of Diwan Group which is managed by the applicant himself. In terms of directions issued earlier, report from trial court dated 22.04.2025 has been submitted as per which, only charges have been framed in the matter and evidence is yet to commence. The applicant is under incarceration since 12.04.2023 and almost two therefore have passed without commencement of trial. The aspect of whether the amount transferred into the account of Diwan Group would corroborate with the present facts and circumstances and allegations levelled would be subject matter of evidence during the course of trial. Co-accused, namely Krishan Kumar Singh @ Guru and Ranjeet Pandey have already been enlarged on bail by Coordinate Bench of this Court passed in Criminal Misc. Bail Application Nos.10935 of 2024 and 12124 of 2024 respectively. The aspect of rejection of bail to Shaam Arjandas Talreja, in the considered opinion of this Court would be inapplicable in the present facts and circumstances since allegation against the said person was of having received amount directly in the account of firm.

8. Accordingly bail application is allowed.

9. Let applicant Deepak Thakur @ Deepak Sauda @ Deepak Mange Ram Sauda, involved in aforesaid case crime be released on bail on his/her 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/she 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 sufÏcient cause, the trial court may proceed against him/her 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/her presence proclamation under Section 82 Cr.P.C. 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/her, 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/her in accordance with law. Order Date :- 23.4.2025 Subodh/- SUBODH KUMAR SINGH SUBODH KUMAR SINGH SUBODH KUMAR SINGH SUBODH KUMAR SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench Lucknow Bench

1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party-State and Mr. Ram Prakash Pandey, learned counsel for complainant.

2. First bail application has been filed with regard to Case Crime No.0061 of 2023, under Sections 406, 420, 506, 467, 468, 471, 120-B and 170 I.P.C., Police Station Indira Nagar, District Lucknow.

3. As per contents of first information report, applicant alongwith co-accused is said to have defrauded the applicant of a substantial amount money on the pretext of advancing loan amount to him.

4. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him which would be evident from a bare perusal for FIR to the effect that there is no allegation that any payment was made directly to the applicant or to his firm Diwan Group and most of the amount was in fact paid to one Virendra Kumar (since deceased) and to one Shaam Arjandas Talreja who is the Managing Director of another firm Right Solution. Learned counsel has also drawn attention to the fact that in the FIR it has been stated that it is the applicant who met with informant on 26.02.2021 whereas the said fact has been contradicted by the informant himself in his statement recorded under section 161 Cr.P.C. It is submitted that the applicant is under incarceration since 12.04.2023 with evidence yet to commence. It is submitted that previous criminal history of eight cases has been explained.

5. Learned Additional Government Advocate appearing on behalf of State and learned counsel for complainant have opposed bail application with submission that it is in fact the applicant who is the master mind of the entire operation. Learned counsel for informant submits that majority of the amount was in fact paid into the account of firm Right Solutions which was immediately transferred into the account of Diwan Group, of which the applicant is Managing Director. He has also drawn attention to order passed by High Court of Bombay in Bail Application No.3581 of 2023 whereunder the bail application of Shaam Arjandas Talreja has been rejected and rejection order has been upheld by Hon'ble the Supreme Court in Special Leave to Appeal (Crl.) No.11897 of 2024. Learned AGA on the basis of instructions admits that previous criminal history has been explained.

6. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."

7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that as per contents of FIR most of the amount is said to have been given one Virendra Kumar (since deceased) and into the account of firm Right Solutions. It is realization is that the said amount was thereafter immediately transferred into the account of Diwan Group which is managed by the applicant himself. In terms of directions issued earlier, report from trial court dated 22.04.2025 has been submitted as per which, only charges have been framed in the matter and evidence is yet to commence. The applicant is under incarceration since 12.04.2023 and almost two therefore have passed without commencement of trial. The aspect of whether the amount transferred into the account of Diwan Group would corroborate with the present facts and circumstances and allegations levelled would be subject matter of evidence during the course of trial. Co-accused, namely Krishan Kumar Singh @ Guru and Ranjeet Pandey have already been enlarged on bail by Coordinate Bench of this Court passed in Criminal Misc. Bail Application Nos.10935 of 2024 and 12124 of 2024 respectively. The aspect of rejection of bail to Shaam Arjandas Talreja, in the considered opinion of this Court would be inapplicable in the present facts and circumstances since allegation against the said person was of having received amount directly in the account of firm.

8. Accordingly bail application is allowed.

9. Let applicant Deepak Thakur @ Deepak Sauda @ Deepak Mange Ram Sauda, involved in aforesaid case crime be released on bail on his/her 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/she 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 sufÏcient cause, the trial court may proceed against him/her 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/her presence proclamation under Section 82 Cr.P.C. 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/her, 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/her in accordance with law. Order Date :- 23.4.2025 Subodh/- SUBODH KUMAR SINGH SUBODH KUMAR SINGH SUBODH KUMAR SINGH SUBODH KUMAR SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench Lucknow Bench