Ankit Goswami v. State of U.P.
Case brief
What is this about?
The court granted bail to Ankit Goswami in a criminal appeal under Section 420 IPC and Section 74 I.T. Act, noting false implications and co-accused bail status.
What did the court decide?
Release on bail with personal bond and two sureties, subject to standard conditions of not tampering with evidence, attending court, and refraining from unlawful activities.
What the court decided
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1156 of 2023
Applicant :- Ankit Goswami Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Om Vikram Singh Chauhan,Abhishek Narayan Pandey,Raj Raghuvanshi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Shri Raj Kumar Mishra, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the F.I.R. his name has come during the course of investigation. It is next contended that the applicant has not committed the crime as alleged in the F.I.R. It is further submitted that ingredients of offence are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that applicant has no concern with app i.e. 'Dani Data App' and he is not the beneficiary of any amount deposited in this gaming app. It is further submitted that charge-sheet has been submitted against other accused persons including applicant. It is further submitted that applicant has not committed offence of fraud or cheating with the informant. It is further submitted that co-accused Siddharth Gaur and Vijay Kumar having similar allegation have been enlarged on bail by the coordinate Bench of this Court vide order dated 18.10.2022 and 15.12.2022 passed in Criminal Misc. Bail Application No. 40449 and 50278 of 2022 and applicant is also entitled for bail. It is further submitted that applicant has no previous criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 16.06.2022.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail given the allegations of false implication and similarities with co-accused already on bail.
Whether the circumstances warrant granting bail in a case under Section 420 IPC and Section 74 I.T. Act.
Whether the applicant's lack of prior criminal history and readiness to cooperate support the grant of bail.
Parties & counsel
- applicant
Ankit Goswami
Coram
Vivek Kumar Singh
Bhanu Pratap Kushwaha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/1156/2023
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