Commercial Court granted bail to the applicant in a criminal case involving cheating and criminal breach of trust, allowing release after furnishing a personal bond and sureties subject to specific conditions.
Release on bail by furnishing a personal bond and two sureties.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36867 of 2022
Applicant :- Ayushi Agrawal Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Srivastava,Ravi Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 249 of 2017, under Sections 420, 409, 467, 468, 471, 120-B I.P.C., & 3,4,5,6 Prize Chits & Money Circulation Schemes (Banning) Act 1978, P.S. Hapur Nagar, District Hapur, during pendency of the trial.
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. 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.
Learned A.G.A. has opposed the bail prayer of the applicant.
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 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.
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 1.9.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.09.03 15:12:47 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail pending trial.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 · Who else cites this
2 provisions across 2 enactments
Ayushi Agrawal
Deepak Verma
Meenu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
