Allahabad High Court
RAVI PRAKASH JHAversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Ravi Prakash Jha in a case involving alleged cheating of Rs. 10 lakh. The applicant claimed the allegations were false and that a prior police inquiry in 2023 found no proof of the money being given, resulting in no FIR at that time; the FIR was only lodged in December 2025, five years after the alleged offence. The court noted the lack of cogent evidence that the applicant received any money and that all alleged offences are bailable and triable by a Magistrate. Although the applicant has eight other pending criminal cases, none have led to summons or warrants. Weighing the delay, the weak evidential basis, and the nature of the offences, the court held that the applicant is entitled to bail, subject to standard conditions.
Issues considered
- Whether bail should be granted despite a five‑year delay between the alleged offence and the lodging of the FIR.
- Whether the applicant's criminal antecedent of eight pending cases warrants denial of bail.
- Whether the absence of substantive evidence of the alleged cheating justifies bail.
- Whether the fact that the offences are triable by a Magistrate affects the bail decision.
Legislation cited
- BNS — s. 318(4), 336(3), 338, 340(2), 351(3), 352
Subjects
- bail
- delay in FIR
- criminal antecedent
- evidence
- magistrate trial
- cheating
- Indian criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 5851 of 2026
Ravi Prakash Jha
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Harish Kumar, Maithali Sharan
Pipersenia, Umesh Chandra Shukla
Counsel for Opposite Party(s) : Jayant Pareta, Naveen Kumar
Upadhyay, Sachin Kumar Upadhyay,
G.A., Rajesh Kumar Dubey
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Amit Daga, learned Senior Counsel assisted by Sri Harish
Kumar, learned counsel for the applicant, Sri Rajesh Kumar Dubey,
learned counsel for the informant and Dr. S.B. Maurya, learned AGA-1
for the State.
2. The instant bail application has been filed seeking release of the
applicant on bail in Case Crime No. 0461 of 2025, under Sections 318(4),
352, 351(3), 338, 336(3) and 340(2) of BNS, Police Station Sipri Bazar,
District Jhansi, during pendency of the trial.
3. Learned counsel for the applicant submits, as per allegation, applicant
in the year 2020 along with two others obtained Rs. 10 lacs from the
informant under false promise to provide profit to her but applicant and
co-accused duped her and neither provide any profit to her nor return her
money but entire allegations levelled against him are totally false.
4. He further submits that on 23.07.2023, informant moved a complaint
with regard to the same allegation before the S.S.P., concerned and,
thereafter, a competent police officer conducted inquiry and on
02.09.2023, he submitted his report and from the perusal of the same, it
reflects that during inquiry, informant could not prove whether she ever
gave such huge amount of Rs. 10 lacs to the applicant or not and,
therefore, no FIR was lodged, but after two years on 03.12.2025
BAIL No. 5851 of 2026
2
informant lodged FIR of the present case on the basis of same allegation.
5. He next submits that the complaint dated 30.07.2023 and inquiry report
dated 02.09.2023 have been annexed along with instant bail application.
6. He further argues that applicant actually never received any money
from the informant and as per informant, he gave entire money to the
applicant in cash, which is highly improbable.
7. He further submits that even all the alleged offences are triable by
Magistrate and applicant is in jail since 31.12.2025.
8. He further submits, however, apart from the present case applicant is
having criminal history of eight other cases but entire criminal history has
been explained, and in none of the cases, applicant either has been
summoned or warrant has been issued against him and in majority of the
cases, investigating is pending.
9. He further submits that therefore, considering the above facts applicant
may be enlarged on bail.
10. Per contra, learned AGA as well as learned counsel for the informant
opposed the prayer for bail and submit that applicant with common
intention duped the informant and by fraud, received Rs. 10 lacs from her
and did not return any money to her. They however, could not dispute the
fact that the cheating was committed by the applicant and others in the
year 2020 but FIR of the present case was lodged after five years in
December, 2025. They also could not dispute the fact that on similar
allegation in the year 2023, a complained was filed by the informant
against the applicant before the police and after inquiry, it was found that
informant could not prove whether money of Rs. 10 lacs was given by her
to the applicant. They however, further submits that apart from the
present case applicant is having criminal history of as many as eight cases
and, therefore, considering his criminal antecedent, he should not be
released on bail.
11. I have heard learned counsel for the parties and perused the record of
the case.
BAIL No. 5851 of 2026
3
12. However, as per allegation applicant duped the informant in the year
2020 after obtaining Rs. 10 lacs from her under false promise to provide
profit to her but applicant and co-accused duped her and neither provide
any profit to her nor return her money but it reflects that the FIR of the
present case was lodged in December, 2025 i.e. after five years.
13. Further, except bald and verbal allegations that informant gave Rs. 10
lacs as cash to the applicant and other co-accused, there is no cogent
evidence which can suggest applicant received any money from her.
14. Further, records also suggest that on similar allegations on 30.07.2023
informant filed a complaint against the applicant before the S.S.P.,
concerned and on her application inquiry was conducted and on
02.09.2023, competent police officer after inquiry submitted his report
and according to the inquiry report during inquiry, informant could not
prove whether she gave any money to the applicant and, therefore, no FIR
was lodged against the applicant but on the same allegation after two
years, FIR of the present case was lodged.
15. Further, however, apart from the present case applicant is having
criminal history of eight other cases but his entire criminal history has
been explained.
16. Further, even all the alleged offences are triable by Magistrate and
applicant is in jail since 31.12.2025 i.e. for last more than four months.
17. Therefore, considering the facts and circumstances of the case
discussed above, in my view, applicant is entitled to be released on bail.
18. Accordingly, without expressing any opinion on the merits of the
case, the instant bail application is allowed.
19. Let the applicant -Ravi Prakash Jha 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.
BAIL No. 5851 of 2026
4
(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.
20. 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.
21. 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.
(Sameer Jain,J.)
May 12, 2026
Mini
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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