Sahil Kumar Vs State of U.P. Thru. Prin. Secy. Homes Lko.

Neutral Citation No. - 2025:AHC-LKO:15803

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2311 of 2025

Applicant :- Sahil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Homes Lko. Counsel for Applicant :- Vishal Srivastava Counsel for Opposite Party :- G.A.

¶5

Hon'ble Manish Mathur,J.

¶6

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

¶7

The instant application has been filed seeking release of the applicant on bail in Case Crime No.371 of 2021, under Sections 409, 420, 120-B I.P.C., registered at Police Station Vibhuti Khand, District Lucknow.

¶8

The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.07.2021 against two persons, including the applicant stating that the informant had made investments in a business but the cheque given to him towards its return was returned by the bank unpaid.

¶9

In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. In para 18 of the affidavit filed in support of the application for bail the applicant's involvement in two other cases of similar nature has been disclosed. It has further been stated in the affidavit that the informant had made investments in the business under an agreement that he was to be paid agreed returns. The F.I.R. itself discloses that the F.I.R. has been filed after the cheque given by the applicant was returned by the bank unpaid.

¶10

The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶11

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the lodging of the F.I.R. prima facie appears to be barred by the provisions of Section 142 of Negotiable Instruments Act coupled with the fact that the applicant is languishing in jail since 14.02.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are

¶12

sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶13

Accordingly, this bail application stands allowed.

¶14

Let applicant - Sahil Kumar 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 with the following conditions which are being imposed in the interest of justice:-

¶15

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶16

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

¶17

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶18

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or 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.

¶19

Order Date :- 19.3.2025 Renu/-

¶20

Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Sahil Kumar v. State of U.P. Thru. Prin. Secy. Homes Lko.

Case brief

What is this about?

What did the court decide?

Sahil Kumar v. State of U.P. Thru. Prin. Secy. Homes Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Chandan Verma vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Sonu Rawat vs State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Madan Ji Shukla Pno. 842462859 vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others

Ishfaq Ali @ Kaliya vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. of Home Lko. and 4 Others

Shiv Shambhu Yadav @ Shambhu Nath Yadav vs State of U.P. Thru. Rpin. Secy. Home Lko and Another

Pradeep @ Garibe vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and 3 Others