Akshay v. State of U.P.
Case brief
What is this about?
Allowing bail to the applicant, distinguishing that he was not named in the FIR and lacks criminal history. Directing the police to identify bank account operators expeditiously.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties.
What the court decided
Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15510 of 2022
Applicant :- Akshay Opposite Party :- State of U.P. Counsel for Applicant :- Bhavya Sahai Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Personal affidavit filed on behalf of Senior Superintendent of Police, Ghaziabad is taken in the record.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 2173 of 2021 at Police Station Indrapuram District Ghaziabad under Sections 386, 506, 406, 411 IPC Section 66D I.T. Act and Case Crime No. 2173 of 2021 under Sections 420, 467, 468, 471 IPC Police Station Indrapuram District Ghaziabad. The applicant is in jail since 13.10.2021.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Ghaziabad on 03.12.2021 .
Shri Bhavya Sahai, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has not been named in the FIR. As per the assertions made in the counter affidavit filed on behalf of the police authorities the amounts were not credited to the bank account of the applicant. The accounts in which the money was
credited are still being investigated. The applicant is not a beneficiary of any illicit transaction. It is further contended that the mobile phone from which the calls were made belongs to one Riya Sharma. As per the prosecution case in the FIR one Riya Sharma had induced the informant to make the aforesaid investment. Prosecution evidence does not connect the applicant with the offence. To show his bona fides the applicant shall fully cooperate and unconditionally cooperate with the investigation which are still on foot. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.
Issues for consideration
1 issue framed by the court
Whether the appellant is entitled to bail in the pending criminal offence.
Parties & counsel
- applicant
Akshay
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/15510/2022
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