Vijaypal Kasana vs State Of U.P.
2025 Latest Caselaw 12309 ALL

Allahabad High Court

Vijaypal Kasana vs State Of U.P. on 11 November, 2025

Author: Samit Gopal

Bench: Samit Gopal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:199058
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
CRIMINAL MISC. BAIL APPLICATION No. - 45265 of 2020   
 
   Vijaypal Kasana    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P.    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Atul Srivastava   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 66
 
   
 
 HON'BLE SAMIT GOPAL, J.     

1. List revised.

2. Heard Sri Atul Srivastava, learned counsel for the applicant, Sri Rupak Chaubey, learned AGA for the State and perused the material on record.

3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Vijaypal Kasana, seeking enlargement on bail during trial in connection with Case Crime No.206 of 2019, under Section(s) 420, 467, 471, 409, 201 I.P.C. registered at P.S. Dadri, District Gautam Budh Nagar.

4. The prosecution case as per the F.I.R. lodged on 12.02.2019 by Sunil Kumar Meena s/o Devi Lal Meena resident of Flat NO.-GF1, Bhavya Praide Apartment, S.K.I.T. Engineering College near Jagatpura, Jaipur against Sanjay Bhati, Rajesh Bhardwaj, Sunil Kumar Prajapati, Dipti Bahal, Sachin Bhati and Karan Pal Singh is that in the first week of October he entered into an agreement with a Bike Taxi Company by depositing Rs. 34 lakhs. The name of the company was Bike Bot powered by Gravit Innovative Promoter Limited, the owner of the said company is Sanjay Bhati and the other directors of the company are Rajesh Bhardwaj, Sunil Kumar Prajapati, Dipti Bahal, Sachin Bhati and Karan Pal Singh. The company was having its registered office at Plot No.1, Chiti, Gautam Budh Nagar, Greater Noida, U.P. and the other offices of the company are situated at Dadri and Grand Vanis Mall, Noida. The informant has executed the agreement with Sanjay Bhati on a stamp paper of Rs. 1000/- with the postulation that the company will open franchise by giving informant 51 bikes which would be operated like Ola Bike and Uber in Jaipur and as per the terms of the agreement the salary of 51 drivers will be given by the company and the company shall also provide rent of bike parking @ 200/- per bike. The informant came to know about the company from the Manger of Andhara Bank, Branch Jagat Pura, Jaipur who also informed him that he has also invested in six bikes and on further enquiry the informant came to know that many people of Jaipur who are acquainted to him have also invested in the said company. Each one of them were getting payment per month by the company but after 01-02 months the company stopped the payment. The informant was to get Rs. 6,45,000/- in his bank account of Andhara Bank but he received only Rs. 66,000/- from the company and since the last two months neither he nor anyone has received any money. The company has no bike online booking app. The informant many times visited the company but the officials told him that they only keep bikes for showing while the company earns by making people join the company and he should also pursue people to join the company if he wants to earn. Apart from 51 bikes only 26 bikes have been sent to the informant. The informant has came to know that the owner of the company Sanjay Bhati has appointed another CEO of the company, grabbed money of everyone and has cheated everyone. The company is not providing any bike taxi services rather it is rotating money as chit fund company. The company has promised to pay Rs. 75 lakhs from of investment of Rs. 34 lakhs. The company has done fraud with many people, the bank accounts of the company be seized and his report be lodged.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant was inducted as Additional Director in the company on 22.12.2018 who resigned on 15.02.2019. It is submitted that the applicant joined as an employee in the company in the year 2017 and the alleged scheme was floated by Sachin Bhati the owner of the company in the year 2017. It is submitted that the applicant is in jail since 06.8.2019 and as such has remained in jail for more than 6 years and 3 months. It is further submitted that looking to the period of detention the Apex Court has granted bail to co-accused Sachin Bhati vide order dated 29.10.2025 passed in SLP (Crl.) No.3062 of 2025, Sachin Bhati vs. State of Uttar Pradesh and another, copy of the said order has been placed before the Court which is taken on record. The same reads as under:-

"Leave granted.

Having heard arguments at length in this matter over several dates, we are of the opinion that the continued incarceration of the appellant, Sachin Bhati, cannot be prolonged further.

We are informed that charges have been framed but the trial is yet to commence. The First Information Report (FIR)/Case Crime in question dates back to 12.02.2019 and the appellant, Sachin Bhati, has been in custody since 07.10.2020. Though the financial implications of the alleged offence are quite serious and are of a very large magnitude, the appellant, Sachin Bhati, cannot be presumed to be guilty at this stage, so as to continue his pre-trial custody.

He would, therefore, be entitled to grant of bail in connection with the FIR/Case Crime in question on conditions. Ordered accordingly.

Appropriate terms and conditions may be fixed by the trial Court in this regard. In addition thereto, the appellant, Sachin Bhati, shall deposit a sum of 1,50,00,000/- (Rupees one crore fifty lakhs only) to the credit of Criminal Case No. 4328/2019 arising out of the FIR/Case Crime in question, pending on the file of the learned Chief Judicial Magistrate, Gautam Buddha Nagar, Uttar Pradesh.

The aforestated amount shall be deposited within eight weeks from today and upon such deposit, the learned CJM shall invest the amount in an interest bearing Fixed Deposit Account with a nationalized bank for a fixed term so as to garner the maximum rate of interest, with an auto-renewal clause.

Learned counsel appearing for the investors would pray for appropriate directions for disbursal of the amounts already collected by the State from the accused. However, as we are informed that the Corporate Insolvency Resolution Process has already been initiated against M/s. Garvit Innovative Promoters Limited, it would be appropriate for the investors to approach the adjudicating authority under the Insolvency and Bankruptcy Code, 2016, for appropriate directions in that regard if their claims have already been admitted by the Resolution Professional.

The impugned judgment/order passed by the High Court is set aside and the appeal is allowed in the above terms.

We clarify that we have not made any observations/comments on the merits of the case and any observation made in this order is meant only for the limited purposes of grant of bail.

Pending application(s), if any, shall stand disposed of."

6. It is submitted that the applicant is not named in the F.I.R. and his implication has surfaced in the matter during investigation. It is submitted that Sachin Bhati who has been granted bail by the Apex Court was named in the F.I.R. along with 5 other accused. It is submitted that apart from the cases of bike bot in which the applicant has been made an accused, he is not involved in any other criminal cases, para-20, 21 and 22 of the affidavit have been placed for the same. It is submitted that charge has been famed on 01.8.2025 and there are more than 70 witnesses to be examined which is yet to commence and would take a sufficiently long time to conclude. It is submitted that the prayer for bail be allowed and the applicant be released on bail.

7. Per contra, learned A.G.A. opposed the prayer for bail vehemently but did not dispute the fact with regard to period of incarceration of the applicant, status and stage of trial, the fact that apart from the cases concerning the present scam the applicant has no other criminal antecedents and also the fact that co-accused Sachin Bhati has been granted bail by the Apex Court vide order dated 19.10.2025. Learned State counsel submitted that in so far as the accused Sachin Bhati is concerned, the Apex Court while granting bail, has directed him to deposit some amount before the trial court and has also directed to ensuring the deposit of the said amount in a fixed deposit. It is submitted that since the allegations against the applicant is of embezzlement of amount to the tune of about more than Rs.70 lakh, appropriate directions be issued for deposit of some amount by him before the trial court concerned and further securing the said amount as has been directed by the Apex Court in the case of Sachin Bhati (Supra). It is further submitted that further directions be issued to the applicant to deposit his passport, if any, before the trial court so as to ensure that he does not abscond from the country.

8. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant joined the company in the year 2017 as an employee. He was then inducted as an Additional Director on 22.12.2018 who resigned from the said post on 15.02.2019. He has been in jail since 06.8.2019 and thus has suffered incarceration for about more than 6 years and 3 months. It is informed that there are more than 70 witnesses to be examined in the trial which is yet to commence and thus the trial would take a sufficiently long time to conclude. Co-accused Sachin Bhati the then Director of the company at the time of launching of scheme, has been granted bail by the Apex Court vide order dated 29.10.2025.

9. Let the applicant- Vijaypal Kasana, be released on bail in the aforesaid case crime number on 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 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 I.P.C.

(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

(vii) The applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the court concerned.

10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

11. The applicant shall deposit a sum of Rs.7,50,000/-(Rupees Seven Lakh Fifty Thousand only) to the credit of the FIR/Case Crime in question, before the learned Chief Judicial Magistrate, Gautam Buddha Nagar,Uttar Pradesh.

12. The aforesaid amount shall be deposited within eight weeks from today and upon such deposit, the learned CJM shall invest the amount in an interest bearing Fixed Deposit Account with a nationalized bank for a fixed term so as to garner the maximum rate of interest, with an auto-renewal clause.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of.

(Samit Gopal,J.)

November 11, 2025

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