Allowed

Sachin Sahni @ Santosh Sahnai v. State of U.P.

Allahabad HC3 Apr 2023BAIL/6367/2023

Case brief

AI extract

What is this about?

Single judicial bench allowed bail to the applicant in a cheating case involving ATM fraud. Despite recovery of cards from his possession, the court noted the applicant was not named in the FIR, suffered no loss of liberty prior to arrest, has no criminal history, and co-accused were on bail, leading to release on a personal bond and two sureties.

What did the court decide?

Application allowed; applicant ordered to be released on bail on furnishing a personal bond and two sureties.

Sachin Sahni @ Santosh Sahnai Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6367 of 2023

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Applicant :- Sachin Sahni @ Santosh Sahnai Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Agarwal Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Chetan Shandilya, Advocate holding brief of Sri Saurabh Agarwal, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0123 of 2022, under Sections 420, 411, 120B IPC, Police Station Hanumant Vihar, District Kanpur Nagar during pendency of the trial.

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FIR of the present case was lodged against unknown persons under Section 420 IPC and as per allegation total Rs. 1,70,000/- was fraudulently withdrawn from the bank account of the informant by changing his ATM Card.

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Learned counsel for the applicant submitted that applicant was not named in the FIR and it is alleged that on 13.10.2022 he along with two other co-accused persons was arrested and from the possession of applicant and others some money and number of ATM cards of different banks were recovered. He further submits that on the basis of recovery of ATM card and confessional statement of applicant, he has been made accused in the present matter. He next submits that applicant is innocent and he never indulged in such type of activities and there is no evidence on record, which can show that applicant ever used the alleged ATM card. Admittedly, there is no allegation against the applicant that from his possession ATM card of the informant was also recovered.

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He next submits that along with applicant co-accused Yashwant Singh and Dhanraj Kumar Chaudhary were also apprehended and from the possession of co-accused Yashwant Singh total 42 ATM cards were recovered but he has already been released on bail by the co-ordinate Bench of this Court vide order dated 13.03.2023

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passed in Criminal Misc. Bail Application No. 57841 of 2022. He placed the bail order of co-accused Yashwant Singh during the course of argument, which is taken on record and marked as 'A'. He further submits that case of applicant is at par with co-accused Yashwant Singh as from the possession of applicant total 31 ATM Card were recovered and applicant is not having any criminal history and in the present matter he is in jail since 13.10.2022 and all the offences are triable by the Magistrate-I class and maximum punishment provided for alleged offences is seven years.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that from the possession of applicant 31 ATM cards alleged to have been recovered and from the possession of co-accused Yashwant Singh total 42 ATM cars were recovered and co-accused Yashwant has already been released on bail by the coordinate Bench of this Court and applicant is not having any criminal history and all the offences are triable by the Magistrate-I class.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, it is a case of ATM fraud and by playing fraud total Rs. 1,70,000/- of the informant was withdrawn by changing his ATM card but applicant was not named in the FIR and when he was arrested then although it is alleged that 31 ATM cards were recovered but none of the recovered cards was of the informant and further along with applicant co-accused Yashwant Singh was also apprehended and from his possession it is alleged that total 42 ATM cards were recovered but he has already been released on bail and applicant is not having any criminal history and all the offences are triable by the Magistrate-I class and maximum punishment provided for the alleged offences is seven years and in the present matter applicant is in jail since 13.10.2022.

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Therefore, from the discussion made above, in view of this Court, it is a fit case to release the applicant on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Sachin Sahni @ Santosh Sahnai be released on bail in the aforesaid case on furnishing a personal bond and 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 shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 3.4.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Sachin Sahni @ Santosh Sahnai v. State of U.P.

Case brief

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Sachin Sahni @ Santosh Sahnai v. State of U.P.

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