The Court granted bail to the applicant in a cheating and forgery case, relying on comity determinations and noting the applicant's cooperation, while suspiting merits and citing Satendra Kumar Antil.
Release on bail on personal bond and two sureties subject to conditions of no tampering with evidence and sincere cooperation.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56519 of 2022
Applicant :- Ashish Agnihotri Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and 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 him on bail in Case Crime No.317 of 2022 , under Sections 420, 467, 468, 471, 506 I.P.C., P.S. Civil Lines, District Moradabad, during pendency of the trial.
It is alleged in the F.I.R. that informant handed over Aadhar card, pan card and photo etc. to one co-accused Sandeep Kumar for sanctioning of loan for purchasing bike. Despite regularly depositing installment the loan amount increased.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. The alleged bike was delivered to the informant, thereafter, notice for loan amount was sent to informant and then he lodged the instant F.I.R. The applicant is not the loan sanctioning authority. Further submission is that similarly situated co-accused, namely, Sandeep Kumar and Lokesh Chauhan have been granted bail by Co-ordinate Bench of this Court vide orders dated 20.12.2022 and 15.12.2022, passed in Crl. Misc. Bail Application Nos. 54917 of 2022 and 53308 of 2022, respectively, hence he is also entitled to be enlarged on bail on the ground of parity. 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 17.10.2022 and in case he is enlarged on bail he 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 law laid down by the Apex Court in 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.
Let the applicant, Ashish Agnihotri, who is involved in the aforesaid case crime, be released on bail on his 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 :- 20.1.2023 Meenu Singh
Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail in a case under Sections 420, 467, 468, 471, 506 I.P.C. given comity considerations.
Whether the applicant can be released on bail ensuring no tampering with evidence and sincere cooperation in trial.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶11
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Crl. Misc. Bail Application Nos. 54917 of 2022Referred¶8
Crl. Misc. Bail Application Nos. 54917 of 2022 and 53308 of 2022
Ashish Agnihotri
State of U.P.
Deepak Verma
Meenu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
