Allowed

Ayushi Agrawal v. State of U.P.

Allahabad HC18 Apr 2023BAIL/59732/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Ayushi Agrawal challenging implication in a case under IPC and Prize Chits Act. Court allowed bail after hearing counsel and A.G.A., referencing Supreme Court precedents, without expressing opinion on merits.

What did the court decide?

Allow bail with personal bond and two sureties, subject to standard conditions regarding attendance, non-tampering, and lawful conduct.

Ayushi Agrawal Vs State of U.P. — Money Laundering | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59732 of 2022

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Applicant :- Ayushi Agrawal Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.

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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. and her name has come into light during the course of investigation. It is next contended that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that in the instant case, financial transaction is involved and there was a mutual agreement between the accused and the informant and other investors, regarding the contract. It is also submitted that if a person fails to honor his commitment under the agreement, it does not mean that he has committed an offence of cheating or criminal breach of trust.

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It is further argued that if the intention to cheat has developed later on, the same cannot amount to cheating. Prosecution has to show the fraudulent or dishonest intention of the accused at the time of making promise or representation. In the absence of culpable intention, the failure on the part of accused to keep his promise does not make out offence of cheating. It is next submitted that in this matter, the dispute involved between the parties is of civil nature but by launching the criminal proceedings the colour of criminality to a civil matter has been given.

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Learned counsel for the applicant also relies upon the judicial pronouncement rendered by Hon'ble Apex Court in Vesa Holdings P Ltd & another Vs. State of Kerala & others, date of decision 17.05.2015, 2015 Law Suit (SC) 279 in Criminal Appeal No.2341 of 2011 & Vijay Kumar Ghai & others Vs. The State of West Bengal & others; 2022 0 Supreme (SC) 235; 2022 4 Supreme 42 rendered in Criminal Appeal No.463 of 2022 (arising out of

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S.L.P. (Crl.) No.10951 of 2019) decided on 22.03.2022. Learned counsel for the applicant submits that out of the same agreement or financial transactions even several FIRs have been registered then such FIRs cannot be treated as a criminal history of the applicant.

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The applicant has criminal history, which has been explained in paragraph no. 27 of the affidavit accompanying this bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 26.12.2017 and in case she is enlarged on bail she will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant is made out and in case applicant is release on bail, she will misuse the liberty of bail, but, he could not dispute the aforesaid facts.

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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, looking to the delay in conclusion of trial in near future, 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.

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Let the applicant Smt. Ayushi Agrawal involved in Case Crime No. 119 of 2017, under Sections 420, 409, 467, 468, 471, 120-B I.P.C. and section 3, 4, 5 & 6 of Prize Chits & Money Circulation Scheme Banning Act, 1978, Police Station Babugarh, District Hapur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner

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whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 18.4.2023 Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Ayushi Agrawal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ayushi Agrawal v. State of U.P.

Case brief

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