Allowed

Sunil Kumar Mittal v. State of U.P.

Allahabad HC15 Mar 2023BAIL/59577/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed the bail application of the accused, citing the compounded criminal history and the nature of the offence, without expressing an opinion on the merits of the case.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties, subject to conditions regarding tampering with evidence and appearing before the trial court.

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

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59577 of 2022

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Applicant :- Sunil Kumar Mittal Opposite Party :- State of U.P. Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Shri Brij Lal Shukla, learned counsel for the applicant and learned A.G.A for the State.

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There is allegation of cheating and criminal breach of trust against the applicant. Counsel for the applicant submits that the applicant was earlier Director of the company in dispute. The company has not been implicated in this case. The applicant is not personally liable for the alleged offence of company.The applicant is in jail since 05.04.2017. The applicant has criminal history of 67 cases, which has been explained in paragraph-29 of the afÏdavit filed in support of the bail application.

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On the other hand, learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Sunil Kumar Mittal, involved in Case Crime No. 103 of 2017, under Sections- 420, 409, 467, 468, 471, 120-B IPC and Section 3/4/5/6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978, Police Station- Hapur Dehat, DistrictHapur, 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

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subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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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 him from disclosing such facts to the Court or to any police ofÏcer or tamper with the evidence.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Order Date :- 15.3.2023 Atul kr. sri.

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

Sunil Kumar Mittal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sunil Kumar Mittal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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