IN THE HON’BLE HIGH COURT OF JUDICATURE,

AT ALLHABAD, LUCKNOW BENCH, LUCKNOW

Criminal Misc. Bail Application no. of 2025

(Under Section 439 of Cr.P.C. now under Section 483 of
BNS)

Pankaj Kumar Pathak, aged about 40 years, son of late

Sabhapati Pathak, resident of 2/411, Vibhav Khand, Gomti
Nagar, P.S.-Vibhuti Khand, District-Lucknow, accused
application is in Jail.
…. Accused/Applicant
(In Jail since 08.12.2024)
Versus
State of Uttar Pradesh, through its Principal Secretary,
Home Department, Lucknow.
…. Opp. Party

Case Crime no. : 0490/2024

Under Section : 406, 420, 504, 506 IPC
Now Sections : 316(2), 318(4), 352,
351(2) OF BNS
P.S. : Dewa, District-Barabanki
Bail Application No. : 4001/2024
Bail rejected on : 23.12.2024
By District & Session Judge, Barabanki.
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AFFIDAVIT IN SUPPORT OF FIRST BAIL

APPLICATION UNDER SECTION 439 Cr.P.C. NOW 483
B.N.S.

I, Ravi Pandey aged about 28 years son of Sri Madan

Mohan Pandey, resident of Vill.-Chakbarma, Post-Saraiyya,
P.S.-Ahiraula, District-Azamgarh, the deponent by
Education Graduate; by Occupation Business, do hereby
solemnly affirm and state on oath as under :

1. That the deponent is the brother in law of the

applicant and he is doing necessary pairavi on his
behalf for the purpose of this bail and as such, he well
conversant with the facts and circumstances of the
case, mentioned in this affidavit.

2. That this is the first bail application on behalf of the

applicant before this Hon’ble court and no other bail
application, has been moved by the applicant, either
before this Hon’ble court or before the Hon’ble High
Court of Allahabad.

3. That this case is not related to CBI/Prevention of

Corruption Act, ED/matters relating to NRHM
scam/GPS scam/matters of MP-MLA etc.

4. That a FIR no. 0490 was lodged by Mithilesh Kumar at

P.S.-Deva, District-Barabanki under Section 406, 420,
504 & 506 IPC against Pankaj Kumar Pathak & eleven
other persons. A certified copy of the said FIR is
annexed herewith as Annexure no.-1 to this
affidavit.
 3

5. That the present FIR no.0490 has been registered on

23/07/2024 on false and bogus facts. The facts stated
in the FIR are fabricated, concocted and without any
basis.

6. That it is humbly and respectfully submitted that there

is a specific allegation in the FIR that
accused/applicant has ran away, whereas on the
contrary, the complainant has contradicted the said
allegation by specifically and categorically mentioning
the correct address of the accused/applicant in the
said FIR itself.

7. That it is humbly and respectfully submitted that

when the company shifted its office from Jankipuram,
Lucknow to Baburigaon, Distt.-Barabanki, to the site
where the company had 300 acres of land, then a
proper Public Notice regarding the shifting/change of
address of its office, was published, in three
prominent daily newspaper and also submitted the
legal form regarding the change/shifting of its office to
the Registrar of Companies. The copy of the said
Public Notice and form submitted in ROC, are filed as
Annexure no.-2 (Colly).

8. That it is humbly and respectfully submitted that the

second allegation in the FIR was, that
accused/applicant has misrepresented the public at
large by showing a license issued by the RBI in the
year 2016. On the perusal of the said certificate, it will
go on to show that the same has been issued in the
name of a company viz. Timecity Products Ltd.,
whereas, accused/applicant or any of the group
 4

companies, has no concern with the said company to

whom, the RBI has issued the said certificate.
However, there is one company by the name of
Timecity Retail Products Ltd., which is managed by
the accused/applicant and the said company is not
into the business of securing any investment under
any scheme of any of the group company. The copy of
the said certificate is filed as Annexure no.-3.

9. That the alleged certificate issued by the Reserve

Bank of India, is not related to any of the Timecity
Group of Companies and moreover, the said
document produced by the prosecution, is a document
fabricated by the complainant.

10. That as soon as the applicant/accused came to know

about the alleged fabricated document viz. the
certificate having been issued by Reserve Bank of
India, in the name of Timecity Products Pvt. Ltd., the
accused/applicant immediately issued a legal notice to
the persons who have shown the said license, thereby
asking them as to from where they got the said
certificate and further, when no reply was received,
then the accused/applicant filed a complaint under
Section 156(3) Cr.P.C., in the court of A.C.J.M.,
Barabanki, which is now being pursued in Criminal
revision before District & Sessions Court, Barabanki
and is pending for adjudication.

11. That the accused/applicant, at no point has ever

represented to any person viz. the complainant or
whom so ever that any project of the Timecity Group
of Companies, is either registered with Real Estate
 5

Regulatory Authority or has the approval of any

Development Authority.

12. That it is humbly and respectfully submitted that the

accused/applicant as per the terms of scheme, was
and is always ready and willing to transfer the plot in
favour of the complainant. The sample copy of the
application form is filed as Annexure no.-4.

13. That as per the terms of the scheme the

accused/applicant through the officials of the Timecity
Group of Companies, has issued letters to the
complainant, as well as to all other members of the
scheme for the allotment of plot and for the
registration of the conveyance deed in their favour.
The sample copy of the said letter is filed as
Annexure no.-5.

14. That in order to demonstrate the bonafidies of

accused/applicant as a Director of the company, it is
humbly and respectfully brought on record, that
during the last six months, the company in lieu of the
deposits made by the members, has allotted and
transferred the plots by way of executing hundred of
registered conveyance deeds, in favour of the
members of the companies.

15. That it is only the complainant of crime case no.

0490/2024 and the complainants of crime case nos.
820/2024, 824/2024, 828/2024, 831/2024,
831/2024, 837/24, 694/2024 & 695/2024, are not
ready to get the sale-deeds in respect of the plots
allotted to them, registered in their favour as the said
 6

complainants are hand in gloves with C.P. Shukla,

who was Ex-chairman of the all the companies of the
Timecity Group, as well as, he is also an Ex-MLA.

16. That later on one Dayanand Patel and Subban Singh,

to create pressure on the company for their wrongful
gains, on 13/10/2024 lodged FIR no. 0694, 0695 in
P.S. Deva, District- Barabank, against which, two writ
petition nos. 7923 of 2024 and 7930 of 2024 were
filed before the Hon’ble High Court, Lucknow, in which
the arrest of Santosh Singh and others viz of the
accused/applicant were also stayed.

17. That it is humbly and respectfully submitted that

within a span of 5 days from the date of passing the
order dated 05.11.2024 by the Hon’ble High Court,
staying the arrest of the applicant, six more FIRs were
hastily lodged i.e. FIR no. 0820, 0824, 0828, 0831,
0832 & 0837 by Vijay Kumar, Kanhaiya Lal, Hari Ram,
Prakhar Bhatia, Prashant Kumar Agrihari and Ramesh
Kumar Yadav, respectively. The contents of the said
FIRs were verbatim same and were lodged under
same sections as of FIR no. 0494/2024.

18. That it is humbly and respectfully submitted and

important to highlight that as per the balance sheet,
duly certified by the Chartered Accountant, the total
liability of all the companies is approx. to the tune of
Rs. 15 cr. And whereas, the total valuation of the
properties owned by the said companies as per the
approved valuer is to the tune of Rs. 1000 cr.
 7

19. That it is humbly and respectfully submitted that in a

co-operative society, the business is being carried
amongst the members for their benefit and the
members who have invested in the various schemes
of the Timecity Multi-State Co-operative Housing
Society Ltd belongs to them.

20. That it is once again reiterated that the applicant

amongst other Directors, is only one of the Director,
in Timecity Multi-State Co-operative Housing Society
Ltd. and Timecity Infrastructure and Housing Ltd. and
is not entirely responsible for the affairs of the
company.

21. That it is also very relevant to humbly and respectfully

submit that accused/applicant is not liable to the
members in its individual capacity, as he is one of the
Director of Timecity Multi-state Co-operative Housing
Society Ltd. and Timecity Infrastructure & Housing
Ltd. In all these circumstances, it is to be seen that
whether, as at in any point of time, accused/applicant
has ever committed any illegal actions, which are
contrary to any law of the land.

22. That as per the prosecution story, that thousand of

people are suffering, when in fact, only handful of
persons, who are in hand in gloves with C.P. Shukla,
the Ex-Chairman of the Timecity Multi-state Co-
operative Housing Society Ltd., and also an Ex-MLA,
for their wrongful gains, have lodged the FIR, against
the applicant and furthermore on the contrary
hundreds of persons have accepted the allotment of
 8

plots and have also got the sale-deed registered in

their favour.

23. That it is humbly and respectfully submitted that the

accused/applicant, in the year 2023, met with a fatal
life threatening car accident, in which, his neck was
broken and after medical intervention, his condition
approved. But as per the Medical Science, if the said
ailment is not properly taken care of, then it could be
life threatening, as the entire body can paralyze. The
copy of the Medical Discharge Summary issued by
Medanta, Lucknow, is filed herewith as Annexure
no.-6.

24. That it is most humbly and respectfully brought to the

notice of this Hon’ble Court that there are about more
than 100 families who are dependent on the
accused/applicant for their livelihood, and moreover
since his arrest, the salaries to the employees of the
company could not be disbursed.

25. That it is further humbly and respectfully submitted

that the entire business operations of the Timecity
Group of Companies have come to a standstill, and
moreover the anti-social elements are taking
advantage of the absence of the accused/applicant, by
trying to illegally grab the assets of the company. In
furtherance of such illegal acts one Gulam Murtaza,
posing himself as Director of Timecity Infrastructure
Housing Ltd, has illegally sold a plot of land, belonging
to the company.
 9

26. That the police has falsely implicated the

accused/applicant in the present case, and has
arrested him. The accused/applicant is a respectable
citizen of the society and is not involved any criminal
case.

27. That the conduct of the complainant clearly shows

that he has misused the process of law and due to
which, the applicant is languishing in jail, though he
has not committed any crime.

28. That the details of FIRs lodged against the applicant &
others are as under :
Complainant FIR Under P.S./ Bail Amount
No. Sections District Rejected
by Session
Courts
Mithilesh 0490 406, 420, Deva, Rejected 50-60 lac
Kumar 504, 506 Barabanki
Dayanand 0694 406, 420, Deva, Rejected 95 lac
Patel 467, 468, Barabanki
471
Subban Singh 0695 406, 419, Deva, Rejected 1.45 cr.
420, 467, Barabanki
468, 471
Vijay Kumar 0820 406, 420, Deva, Rejected 3.5 lac
467, 468, Barabanki
471
Kanhaiya Lal 0824 406, 420, Deva, Rejected 51,000/-
467, 468, Barabanki
471
Hari Ram 0828 406, 420, Deva, Rejected 3.0 lac
467, 468, Barabanki
471
Prakhar Bhatia 0831 406, 420, Deva, Rejected 4.0 lac
467, 468, Barabanki
471
Prashant 0832 406, 420, Deva, Rejected 1.20 lac
Kumar 467, 468, Barabanki
Agrahari 471
Ramesh 0837 406, 420, Deva, Rejected 5.0 Lac
Chand Yadav 467, 468, Barabanki 1.74 lac
471 1.13 lac
2.10 lac
3.0 lac
6.0 lac
 10

29. That no offense is made out against the

accused/applicant under any sections under which the
said FIRs have been lodged.

30. That the applicant neither cheated the complainant or

anyone else nor breached the trust of the
complainant, and as such, the offense under Section
406, 420, 504 & 506 IPC are not made out against
the applicant in the present case.

31. That in order to attract the ingredients of Section 406

& 420 IPC, it is imperative on the part of the
complainant to prima-facie establish that there was an
intention on the part of the applicant to cheat and to
defraud the complainant right from the beginning.

32. That the facts stated in the complaint, against the

accused/applicant are of civil nature and does not
constitute any criminal offence at all.

33. That it is humbly and respectfully submitted that a

Civil suit for Permanent Injunction viz. Original Suit
no.742 of 2024 in re : Timecity Multi-State Co-
operative Housing Society Ltd Vs Chandra Prakash
Shukla & 50 others is pending in the Court of Civil
Judge Senior Division Court no.20, Barabanki. In the
said case the complainant of the FIR is also one of the
party.

34. That it is also humbly and respectfully submitted that

a Petition under Section 241 & 242 of the Companies
 11

Act, 2019 viz CP No.29/ALD/2024 in re : Pankaj

Pathak & others Vs. Timecity Infrastructure Housing
Ltd & others is pending before National Company Law
Tribunal, Allahabad.

35. That it is humbly and respectfully submitted that it is

a clear case of civil nature, which under a conspiracy
has been converted into criminal case by the police.

36. That time and again it has been held by the Hon’ble
Supreme Court of India, that the civil disputes should
not be given the colour of criminality.

37. That the applicant for the last more than 10 years, is
carrying out the business operations of various
companies, very smoothly.

38. The applicant is having very good antecedents, he

belongs to good family. No criminal case except the
said FIR is pending against him.

39. That it is humbly and respectfully submitted that the

applicant twice was taken on remand for search and
seizure at the company office, but no credible
evidence was found on the basis of which, the
applicant could be implicated in the offenses alleged
to have been committed and as such, no custodial
interrogation is required.

40. That even in the accusations and allegations put

forward by the prosecution, he is not directly involved
in the commission of any offense.
 12

41. That the accused has no motive to commit the

offense, which he has been alleged to have
committed.

42. That there is no danger of applicant/accused

absconding and tampering with the prosecution
evidence and thwarting the course of justice.

43. That the applicant is a permanent resident and there

are no chances of his absconding from the course of
justice.

44. That no useful purpose is being served by keeping the

accused/applicant in judicial custody, on the contrary
due to his continued incarceration, his right to live a
dignified life and liberty is breached, and moreover
the anti-social elements will grab the assets of the
company, thus ultimately it will be a loss to the
members of the Company.

45. That the applicant undertakes to present himself

before the police/court as and when directed.

46. That the applicant undertakes that he will not, directly

or indirectly make any 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.

47. That the applicant further undertakes not to tamper

with the evidence or the witnesses in any manner.
 13

48. That the applicant shall not leave India without the
previous permission of the Court and is ready to
surrender his passport.

49. That moreover, it is also respectfully and humbly

submitted that for the release of the accused, any
conditions can be imposed by this Hon’ble court, to
which, the accused will always comply in all its
sincerity.

50. That the Court below, has failed to consider all the
facts and circumstances of the case in right
perspective and the learned court below instead of
applying its mind, has put a seal on the prosecution
story, and such has wrongly dismissed the bail
application of the accused/applicant vide its Order
dated 23.12.2024. A free copy of the bail rejection
Order dated 23.12.2024 is filed as Annexure no.-7.

Lucknow
Dated : Deponent

VERIFICATION
I, the above named deponent do hereby verify that
the contents of para-1 to 49 of this affidavit are true to my
personal knowledge and those of para-50 of the same is
believed by me to be true on the basis of legal advice. No
part of it is false and nothing material has been concealed.

So help me God.

Deponent
 14

I identify the deponent who has signed

before me and is well known to me
on the basis of records produced by him.

Advocate

Solemnly affirm me on …………………. 2025 at ………… am/pm

by the deponent who has been identified by Sri Sanjai
Srivastava Advocate, High Court Bench, Lucknow, AOR no.
B/S-0150.

I have satisfied myself by examining the deponent that he

understands the contents o this affidavit which has been
read over and explained to him by me.

Oath Commissioner