Allowed
Sunil Kumar Mittal v. State of U.P.
Allahabad HCBAIL/59922/2022
Case brief
from the order text
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No. - 2023:AHC:105743 Court No. - 86 Case :-…
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No. - 2023:AHC:105743 Court No. - 86 Case :-…
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Neutral Citation No. - 2023:AHC:105743
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59922 of 2022
Applicant :- Sunil Kumar Mittal Opposite Party :- State of U.P. Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Shri Mithilesh Kumar, 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 applicant-Sunil Kumar Mittal being father of the co-accused Anubhav Mittal was inducted as a non-active Director of M/s. Ablaze Info Solutions Pvt. Ltd only for completing the official paper formalities before the Registrar of Companies and the said company was registered as per the Companies Registration Act, 1956, whereas as per the said DIR-12 Form, the applicant has been resigned from the said company on 03.03.2016 itself. It is contended that there is no evidence against the applicant and no witness has uttered a single word against the applicant in their statements u/s. 161 Cr.P.C. 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 05.04.2017.
Learned A.G.A. has vehemently opposed the prayer for bail.
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, delay in conclusion of trial, 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 Sunil Kumar Mittal involved in Case Crime No.107 of 2017, under Sections- 420, 409, 467, 468, 471, 120-B, IPC, and 3/4/5/6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978, Police Station- Hapur Dehat, 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.
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(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.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
Order Date :- 15.5.2023 Vikram
Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherDistinguished¶10
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021
3 provisions across 3 enactments
Sunil Kumar Mittal
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court