Allowed

Ayushi Agarwal v. State of U.P.

Allahabad HC12 Dec 2022BAIL/23785/2022

Case brief

AI extract

What is this about?

Crl. Misc. Bail Application filed for release in a cheating and criminal breach of trust case. Court noted applicant had already been granted bail in two separate proceedings. Holding that applicant made out a case for bail, the order was allowed with conditions.

What did the court decide?

Release of applicant on bail subject to furnishing a personal bond and two sureties in like amount with specific conditions regarding tampering, trial cooperation, and non-reoffending.

Ayushi Agarwal Vs State of U.P. — Money Laundering | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23785 of 2022

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Applicant :- Ayushi Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Srivastava,Ravi Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 749 of2017, registered under Sections420, 467, 468, 471, 406, 504, 506 IPC, Police Station Civil Lines, District Moradabad during pendency of the trial in the Court below.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to enmity; as per F.I.R., there is allegation of cheating and criminal breach of trust against the applicant. It has next been argued that the applicant is not personally liable for the alleged offence of the company; the company has not been implicated; co-accused, who was director of the company, has been granted bail by co-ordinate Bench of this Court vide order dated 12.07.2022 passed in Crl. Misc. Bail Application No.25949 of 2022; the applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. It is further stated that the applicant has already been granted bail by this Court in Criminal Misc. Bail Application No. 36867 of 2022 by order dated 1.9.2022 and in Criminal Misc. Bail Application No. 38415 of 2022 by order dated 4.11.2022. The applicant is languishing in jail since 7.9.2019 and in case she is enlarged on bail she will not misuse the liberty of bail and co-operate in trial. It is further submitted that the applicant has already been

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid aspects of the matter submitted by learned counsel for the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the fact that the applicant has already been granted bail by

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this Court in aforesaid two cases and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Ayushi Agrawal, who is involved in the aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 12.12.2022

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S.K.S.

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Digitally signed by SUNIL KUMAR SINGH Date: 2022.12.13 09:45:15 IST Reason: Location: High Court of Judicature at Allahabad

Ayushi Agarwal v. State of U.P.

Case brief

What is this about?

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Ayushi Agarwal v. State of U.P.

Case brief

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