SHIV SHANKAR KANNAUJIAversusSTATE OF U.P.

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 41188 of 2025

Shiv Shankar Kannaujia
                                                                        .....Applicant(s)
                                         Versus
State of U.P.
                                                                   .....Opposite Party(s)

Counsel for Applicant(s)             :   Neeraj Srivastava, Ramesh Chand Patel,
                                         Sudhanshu Singh
Counsel for Opposite Party(s)        :   G.A.

Court No. - 66
                           HON'BLE SAMEER JAIN, J.

1. Heard Sri Neeraj Srivastava and Sri Ramesh Chand Patel, learned counsel for the
applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State-respondent.

2. The instant application has been filed seeking release of the applicant on bail in
Case Crime No. 145 of 2023, under Sections 420, 467, 468, 471, 120B IPC, Police
Station Etmaddaula, District Agra, during pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that applicant is however proprietor of
of M/s Radhika Colonizers Private Limited and a per allegation he and co-accused
Alok Mishra firstly executed illegal sale deeds with regard to one property and
thereafter obtained loan from bank but entire allegations levelled against the applicant
are totally false.

4. He further submitted that admittedly loan was taken by Alok Mishra and not by the
applicant and only allegation against the applicant is that he executed the sale deed of
the property in question, thrice, in favour of co-accused Alok Mishra.

5. He further submitted that actually co-accused Alok Mishra was C.A. of the
company of the applicant and he anyhow procured signature of the applicant on plain
paper and thereafter misused the same with intention to cheat the bank.

6. He further submitted that there is no allegation that applicant anyhow involved in
either cheating the bank or providing loan to co-accused Alok Mishra.

7. He further submitted that applicant is having no criminal history and he is in jail in
the present matter since 17.9.2025 i.e. for last more than six months.

8. Per contra, learned AGA opposed the prayer for bail but could not dispute the
arguments on facts advanced by learned counsel for the applicant.

9. I have heard learned counsel for the parties and perused the record of the case.
                                                                  BAIL No. 41188 of 2025
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10. From the record it reflects co-accused Alok Mishra appears to be prime accused
who firstly got executed three sale deeds in his favour of the same property and
subsequently he used these sale deeds in obtaining the bank loan and duped the bank.

11. It reflects, allegation against the applicant is that he was proprietor of M/s Radhika
Colonizers Private Limited and in all the sale deeds of the property his signatures were
found and on the basis of signatures of the applicant, sale deeds were executed in
favour of the co-accused Alok Mishra but there is no allegation against the applicant
that he anyhow duped the bank.

12. Further, in para-8 of the affidavit applicant has made specific averment that co-
accused Alok Mishra used to file income tax return of the company of the applicant
and he anyhow procured the signature of the applicant on plain paper and thereafter
misused the same and obtained the loan.

13. Considering the facts of the case, defence taken by applicant in the instant bail
application, cannot be completely ruled out.

14. Further, applicant is having no criminal history and he is in jail in the present
matter since 17.9.2025 i.e. for last more than six months.

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

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

17. Let the applicant-Shiv Shankar Kannaujia, 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.

18. 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.

19. 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.
                                                         BAIL No. 41188 of 2025
                                                     3
                                    April 23, 2026
                                    Ankita
                                                              (Sameer Jain,J.)




Digitally signed by :-
ANKITA SRIVASTAVA
High Court of Judicature at Allahabad