Nishant Kumar Ojha Vs State of U.P. Thru. Addl. Chief… — Cheating and Forgery | Allahabad HC (2025)

Nishant Kumar Ojha Vs State of U.P. Thru. Addl. Chief… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Nishant Kumar Ojha in F.I.R. No. 449 of 2021: in the event of arrest, release on bail on a personal bond of Rs.50,000 with two sureties each in the like amount, subject to conditions of availability for interrogation, non-tampering/non-inducement, no departure from India without previous permission of the court, and liberty to the investigating officer to seek cancellation of the anticipatory bail on default of any condition.

Issue for consideration

Whether the applicant, arraigned in F.I.R. No. 449 of 2021 (Police Station Gomti Nagar Extension, District Lucknow) under Sections 419, 420, 406, 467, 468, 471, 147, 504, 506 and 120-B I.P.C., is entitled to protection of anticipatory bail under Section 438 Cr.P.C.

Court's answer

Considering the record, rival submissions, the nature and gravity of the accusation, the antecedent of the applicant and his undertaking to make himself available whenever required, the Court was satisfied it would be expedient to grant anticipatory bail, and the application was allowed.

Ratio / Principle

In the event of arrest, the accused-applicant Nishant Kumar Ojha is to be released forthwith in the aforesaid case crime on bail on furnishing a personal bond of Rs.50,000 with two sureties each in the like amount, subject to conditions: availability for interrogation as and when required; no inducement, threat or promise to any person acquainted with the facts nor tampering with evidence; no departure from India without previous permission of the court; and liberty to the investigating officer to move for cancellation on breach of any condition.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Rajeev Singh, J.) allowed an anticipatory bail application under S.438 Cr.P.C. by Nishant Kumar Ojha in F.I.R. No. 449 of 2021, Police Station Gomti Nagar Extension, District Lucknow, alleging offences under Sections 419, 420, 406, 467, 468, 471, 147, 504, 506 and 120-B I.P.C. Counsel for the applicant urged false implication, pointing out that after detailed investigation a final report had been submitted on 22.2.2024 with no evidence found against the applicant, who undertook to cooperate; the learned A.G.A., while opposing, did not dispute the final report but stated that further investigation was continuing and the applicant's role was under examination. Weighing the nature and gravity of the accusation, the applicant's antecedents and his undertaking to remain available, the Court found it expedient to grant anticipatory bail: in the event of arrest the applicant was to be released on a personal bond of Rs.50,000 with two sureties each in the like amount, subject to conditions requiring availability for interrogation, abstention from inducement or tampering with evidence, no departure from India without previous permission of the court, and liberty to the investigating officer to apply for cancellation on breach of any condition.

Court No. - 13

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 158 of 2025

Applicant :- Nishant Kumar Ojha Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko Counsel for Applicant :- Brijesh Kumar Singh,Raghvendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present bail application has been filed on behalf of the applicant seeking anticipatory bail in F.I.R. No. 449 of 2021, under Sections 419, 420, 406, 467, 468, 471, 147, 504, 506, 120-B I.P.C., Police Station Gomti Nagar Extension, District Lucknow.

Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that after detail investigation, no evidence was found against the applicant and final report was submitted by the Investigating Officer on 22.2.2024. It is also submitted that prima facie no evidence is made out against the applicant for the alleged offence and applicant is ready to cooperate in the investigation. In such circumstances, applicant is entitled for protection of this Court under the provisions of anticipatory bail.

Learned A.G.A. vehemently oppose the prayer of the applicant but he does not dispute the fact that after investigation, final report was submitted by the Investigating Officer on 22.2.2024, thereafter, further investigation is still going on and role of applicant is also being examined.

After considering the record of the case as available before this Court, in the light of rival submissions made at the Bar and keeping in view the nature and gravity of the accusation, antecedent of the applicant, his undertaking to

make himself available to the authorities whenever required, the Court feels satisfied that it would be expedient to grant an order of anticipatory bail in favour of the applicant. Thus, instant Anticipatory Bail stands allowed.

In the event of arrest, let the accused-applicant Nishant Kumar Ojha be released forthwith in the aforesaid case crime on bail on furnishing a personal bond of Rs.50,000/with two sureties each in the like amount with the following conditions:-

(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

(ii) that 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 officer or tamper with the evidence;

(iii) that the applicant shall not leave India without the previous permission of the court;

(iv) that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 19.2.2025 Gaurav/-

Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench