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

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

What the court decided

AI extract

Outcome

Applicant Nitin Patel to be released on bail in Case Crime No. 494 of 2024 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 (non-tampering with prosecution evidence/no intimidating or pressurizing witnesses; sincere cooperation in trial without seeking adjournments; abstention from criminal activity after release), with sureties to be verified before the release order.

Issue for consideration

Whether applicant Nitin Patel, named in Case Crime No. 494 of 2024 (Sections 303(2), 317(4), 317(5), 318(4), 319(4), 338, 336(3), 340(2) B.N.S., 2023, P.S. Meja, District Prayagraj), should be released on bail during pendency of the trial.

Court's answer

Considering the entire facts and circumstances of the case, the submissions of counsel for the parties, the nature of offence, evidence and complicity of the accused, and expressly without expressing any opinion on the merits, the Court held that the applicant had made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Nitin Patel was directed to 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.

Key takeaways

Release ordered subject to conditions: (i) the applicant shall not tamper with the prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (ii) he shall cooperate in the trial sincerely without seeking any adjournment; and (iii) he shall not indulge in any criminal activity or commission of any crime after being released on bail.ratio¶6
Before issuance of the release order, the sureties were directed to be verified.ratio¶6
Breach of any of the above bail conditions was declared to be a ground for cancellation of bail.ratio

Detailed headnote1 paragraphs

BAIL GRANTED — High Court of Judicature at Allahabad (Court No. 67), CRIMINAL MISC. BAIL APPLICATION No. 1642 of 2025, Deepak Verma, J., order dated 18.3.2025: Nitin Patel, languishing in jail since 30.11.2024 and named in Case Crime No. 494 of 2024 under Sections 303(2), 317(4), 317(5), 318(4), 319(4), 338, 336(3), 340(2) B.N.S., 2023, P.S. Meja, District Prayagraj, held to have made out a case for bail in view of the nature of offence, evidence and complicity of accused, without expressing any opinion on the merits. He was directed to be released on a personal bond and two sureties each in the like amount, subject to conditions that he shall not tamper with prosecution evidence or intimidate/pressurize witnesses, shall cooperate in the trial sincerely without seeking adjournments, and shall not indulge in any criminal activity after release; breach of any condition to be a ground for cancellation of bail, and sureties to be verified before issuance of the release order. Learned A.G.A. had opposed the bail prayer.

Neutral Citation No. - 2025:AHC:38534

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1642 of 2025

Applicant :- Nitin Patel Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar 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 Nitin Patel with a prayer to release him on bail in Case Crime No.494 of 2024, under Sections 303(2), 317(4), 317(5), 318(4), 319(4), 338, 336(3), 340(2) B.N.S.,2023, P.S. Meja, District Prayagraj during pendency of the trial.

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant next submits that applicant has been arrested while patrolling and thereafter implicated in the present case and three other cases. Applicant has been granted bail in three other cases. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 30.11.2024 and in case he is enlarged on bail he will not misuse the liberty of bail.

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

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 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, Nitin Patel, 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 :- 18.3.2025 SKD

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad