Ankit Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Ankit Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed; applicant Ankit Kumar to be released on bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount (to be verified before release order), subject to conditions of non-tampering with evidence and personal presence before the trial court on fixed dates, including for framing of charge and statement under Section 313 Cr.P.C./351 BNSS; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Ankit Kumar, arraigned in Case Crime No. 93 of 2025 under Sections 318(4), 338, 336(3), 340(2) and 61(2) of B.N.S., Police Station Bisrakh, District Gautam Buddh Nagar, is entitled to be released on bail under Section 483 BNSS.

Court's answer

Bail is granted to the applicant on the ground of parity, taking into consideration that similarly placed co-accused (Deep Talwaniya, and as pleaded, Sonu Singh) have already been granted bail by this Court, without expressing any opinion on the merits of the case.

Ratio / Principle

The applicant Ankit Kumar is to be released on bail on furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned; the sureties are to be verified before issuance of the release order.

Key takeaways

As a condition of bail, the applicant shall not tamper with the evidence and shall remain present in person before the trial court on dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 BNSS; deliberate absence without sufficient cause may be treated as abuse of the liberty of bail.ratio¶¶13
Breach of any of the bail conditions shall be a ground for cancellation of bail.ratio¶¶14

Detailed headnote1 paragraphs

Neutral Citation 2025:AHC:73976 — High Court of Judicature at Allahabad (Chandra Dhari Singh, J.), Criminal Misc. Bail Application No. 12248 of 2025, decided 7.5.2025: Bail allowed under Section 483 BNSS to applicant Ankit Kumar in Case Crime No. 93 of 2025 (Sections 318(4), 338, 336(3), 340(2), 61(2) of B.N.S., Police Station Bisrakh, District Gautam Buddh Nagar) solely on the ground of parity, the similarly placed co-accused Sonu Singh (bail granted vide order dated 06.05.2025 in Criminal Misc. Bail Application No. 8714 of 2025) and Deep Talwaniya having already been enlarged; no opinion expressed on the merits. Release directed on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions of non-tampering with evidence and personal presence before the trial court at the stages of opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 BNSS; breach of conditions made a ground for cancellation of bail. Applicant in custody since 07.02.2025.

Neutral Citation No. - 2025:AHC:73976

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12248 of 2025

Applicant :- Ankit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh,Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Chandra Dhari Singh,J.

The instant bail application has been filed under Section 483 of BNSS, seeking bail in Case Crime No.93 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2) of B.N.S., Police Station - Bisrakh, District- Gautam Buddh Nagar.

Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that similarly placed co-accused Sonu Singh, has already been granted bail by this Court vide order dated 06.05.2025 passed in Criminal Misc. Bail Application No.8714 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 07.02.2025. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail.

Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant.

Heard learned counsel for the applicant, Sri S. K. Ojha, learned AGA and perused the material available on record.

Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused Deep Talwaniya has already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed.

Let the applicant - Ankit Kumar , who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) 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 evidence.

(ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

Order Date :- 7.5.2025 Sanjeet

(Chandra Dhari Singh,J.)

Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad