Rishi vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Rishi vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Rishi on bail upon furnishing a personal bond and two sureties each in the like amount, subject to conditions (i) no tampering with prosecution evidence or intimidating/pressurizing witnesses, (ii) sincere cooperation in the trial without seeking adjournments, (iii) no criminal activity after release; sureties to be verified before the release order.

Issue for consideration

Whether the applicant Rishi should be released on bail in Case Crime No. 24 of 2025 (Sections 318(4), 336(3), 338, 340(2), 61(2) B.N.S.), P.S. Kotwali, District Mathura, during pendency of the trial.

Court's answer

Considering the material available on record, the nature of the offence, the arguments advanced by the parties and the evidence regarding complicity of the accused, and without expressing any opinion on the merits of the case, the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Rishi is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the stated conditions; the sureties are to be verified before issuance of the release order.

Key takeaways

Breach of any of the imposed bail conditions — (i) not tampering with prosecution evidence by intimidating/pressurizing witnesses, (ii) sincere cooperation in the trial without seeking adjournments, and (iii) no indulgence in any criminal activity after release — shall be a ground for cancellation of bail.ratio¶15

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Allahabad, Court No. 67 (Neutral Citation No. 2025:AHC:46397): Criminal Misc. Bail Application No. 10741 of 2025, applicant Rishi v. State of U.P., Order Date 3.4.2025, Hon'ble Deepak Verma, J. Bail sought in Case Crime No. 24 of 2025, P.S. Kotwali, District Mathura, under Sections 318(4), 336(3), 338, 340(2), 61(2) B.N.S., trial pending. Counsel submitted the applicant — driver of co-accused Manish Pratap Singh, with one mobile phone recovered from him belonging to the applicant — was innocent and falsely implicated due to ulterior motive, had one criminal-history case explained in the bail application, was in custody since 15.01.2025, and claimed parity with co-accused Mukesh, granted bail by this Court on 19.03.2025 in Crl. Misc. Bail Application No. 9275 of 2025. Learned A.G.A. opposed the bail prayer. Without expressing any opinion on the merits, the Court held the applicant had made out a case for bail and allowed the application: release on a personal bond and two sureties each in the like amount, subject to conditions — no tampering with prosecution evidence by intimidating/pressurizing witnesses, sincere cooperation in trial without adjournments, and no criminal activity after release — breach of any condition being a ground for cancellation of bail; sureties to be verified before the release order.

Neutral Citation No. - 2025:AHC:46397

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10741 of 2025

Applicant :- Rishi Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.24 of 2025, registered under Sections 318(4), 336(3), 338, 340(2), 61(2) B.N.S., P.S. Kotwali, District Mathura, during pendency of the trial.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has no concern with the alleged incident. The applicant is driver of the co-accused Manish Pratap Singh and one mobile phone has been recovered from the possession of the applicant which belongs to the applicant. It is next submitted that similarly placed co-accused, namely, Mukesh has been granted bail by this Court vide order dated 19.03.2025 passed in Crl. Misc. Bail Application No.9275 of 2025, hence the applicant is also entitled for bail on the ground of parity. The applicant has one case of criminal history which is explained in the bail application. The applicant is languishing in jail since 15.01.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused 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.

Let the applicant- Rishi , who is involved in the aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 3.4.2025 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad