Single-judge court allowed bail application for Anil Sain accused of cheating and criminal conspiracy, citing dispute over money transaction and referencing Data Ram case, granting release on bond and sureties with standard conditions.
Release of applicant on bail upon execution of personal bond and furnishing two sureties with specified conditions.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5843 of 2022
Applicant :- Anil Sain Opposite Party :- State of U.P. Counsel for Applicant :- Shadab Alam Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This is a bail application on behalf of the applicant Anil Sain in connection with Case Crime No. 960 of 2019, under Sections 406, 420, 120B IPC, Police Station-Kasna/Beta-2, districtGautam Buddh Nagar.
The submission of learned counsel for the applicant is that the applicants is quite innocent and have been falsely implicated in the present case with the ulterior motive. It is an admitted fact between the parties that there is dispute between parties with regard to money transaction. As per the FIR the informant has given Rs. 3 lakh 10 thousand to the applicant for investment in his company. From perusal of annexed no. 3 annexed with application it is apparently clear that Rs. 310,000/- has been credited in the account of the K.D.M. Enterprises on several dates. He next submitted that the applicant is languishing in jail since 12.09.2021.
In case he is released on bail, he will not misuse the liberty of bail and will cooperate with the trial.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Anil Sain involved in the aforesaid crime be
released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii)The applicant shall not threaten or harass the prosecution witnesses;
iii)The applicant shall appear on the date fixed by the trial court;
iv)The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v)The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 4.7.2022/Neetu
Digitally signed by NEETU SINGH Date: 2022.07.08 11:58:07 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is a fit case for bail in connection with offences under Sections 406, 420, 120B IPC.
Whether the applicant can be granted bail subject to personal bond and sureties without tampering with evidence.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersReferred¶10
Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 · Who else cites this
Anil Sain
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajit Singh
Parties & counsel
