Anurag Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

Anurag Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Applicant Anurag Kumar enlarged on bail on furnishing a personal bond and two local sureties each of the like amount, subject to the three conditions recorded at paras 11-13 (non-tampering with prosecution evidence, non-pressurising of prosecution witnesses, appearance on all dates fixed by the trial court), with liberty to the prosecution to seek bail cancellation on breach.

Issue for consideration

Whether the applicant, Anurag Kumar, is entitled to be enlarged on bail under Section 439 Cr.P.C. in Case Crime No. 487 of 2022 (Sections 420, 467, 468, 471, 120-B I.P.C., Police Station Phase-III, District Gautam Buddha Nagar).

Court's answer

Having regard to the submissions made, but expressly without commenting on the merits of the case, the Court formed the opinion that the applicant is entitled to be enlarged on bail.

Ratio / Principle

The applicant Anurag Kumar is directed to be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, conditioned on (i) not tampering with prosecution evidence, (ii) not pressurising prosecution witnesses, and (iii) appearing on each and every date fixed by the trial court; on breach of any condition the prosecution may move a bail-cancellation application before this Court.

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Varma, J.), bail application under Section 439 Cr.P.C. of Anurag Kumar, in jail since 21.10.2022 with no criminal history, in Case Crime No. 487 of 2022 (Sections 420, 467, 468, 471, 120-B I.P.C., P.S. Phase-III, Distt. Gautam Buddha Nagar). Applicant not named in the FIR; his name emerged from co-accused Pankaj's police-custody statement, which counsel urged was unreliable, and prosecution evidence was said not to connect him with the offence. Without commenting on merits, the Court held the applicant entitled to bail and ordered release on a personal bond with two local sureties of like amount, imposing conditions against tampering with evidence, pressurising witnesses, and requiring attendance on all trial dates, failing which the prosecution may seek cancellation. Order dated 19.1.2023.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54344 of 2022

Applicant :- Anurag Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Chandrajeet,Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant and Sri Vikas Sahai, learned A.G.A. for the State.

The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 487 of 2022, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station- Phase-III, District- Gautam Buddha Nagar.

It is contended that the applicant has been falsely implicated in the instant case. The applicant was not named in the first informant report. The role of installation of camera in various hotels and capturing obscene photographs of the guests at hotel has been assigned to co-accused Abdul Wahab and Vishnu Singh. The name of the applicant was disclosed by the coaccused Pankaj in police custody. The said statement in so far as it implicates the applicant is unreliable. Prosecution evidence does not connect the applicant with the offence. The allegation that the co-accused Pankaj used to provide forged sims to the applicant through which calls were made and money was collected is false, as the sims through which calls were made were registered in the name of Pankaj. The applicant is not the beneficiary of any illicit transaction. No amount has been credited in the account of the applicant. It is further contended that the applicant has not made any call to the informant. The role of the applicant is clearly distinguishable from that of the co-accused Abdul Wahab, Wasim and Pankaj. The applicant does not have any criminal history and is in jail since 21.10.2022. In case, he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant, Anurag Kumar involved in the aforesaid case be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

the applicant shall not temper with the prosecution evidence;

the applicant shall not pressurize the prosecution witness;

the applicant shall appear on each and every date fixed by the trial court.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 19.1.2023 S.S.

Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad