Allowed

Ayushi Agrawal v. State of U.P.

Allahabad HC13 Sept 2022BAIL/36834/2022

Case brief

AI extract

What is this about?

This bail application allowed for the release of Ayushi Agrawal, an accused in a cheating and forgery case. The Court found that the applicant had made out a case for bail based on the arguments submitted and cited precedent, subjecting her release to standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to specified conditions.

Ayushi Agrawal Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

¶1

Court No. - 74

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36834 of 2022

¶3

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

¶4

Hon'ble Deepak Verma,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶6

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.246 of 2017, registered under Sections 420, 409, 467, 468, 471, 120-B I.P.C., and Sections 3, 4, 5, 6 of Prize Chits and Money Circulation Scheme Banning Act, Police Station Hapud Nagar, District Hapud during pendency of the trial.

¶7

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to enmity; the applicant is lady; 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; the applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 01.06.2021 and in case she is enlarged on bail she will not misuse the liberty of bail and co-operate in trial.

¶8

Learned A.G.A. has opposed the bail prayer of the applicant.

¶9

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶10

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

¶11

satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶12