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

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

What the court decided

AI extract

Outcome

Release on bail of the accused-applicant Umang Vashishtha on execution of a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions that he: (1) will not tamper with the evidence; (2) will not indulge in any criminal activity; (3) will not pressurize/intimidate prosecution witnesses and will co-operate in the trial; and (4) will appear regularly on every date fixed by the trial court unless exempted through counsel by the court concerned. Breach of any condition entitles the court below to cancel the bail.

Issue for consideration

Whether the accused-applicant Umang Vashishtha is entitled to be enlarged on bail in Case Crime No. 126 of 2025, registered under Sections 318(4), 338, 336(3), 340(2) of the B.N.S. and Section 3/7 of Essential Commodities Act, Police Station Sikheda, District Muzaffar Nagar.

Court's answer

Without commenting on the merits of the case, and considering the facts and circumstances, nature of accusations, severity of punishment upon conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, the single-judge bench found that a case for bail is made out.

Ratio / Principle

The bail application is allowed and the accused-applicant Umang Vashishtha is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to stated conduct conditions.

Key takeaways

In the event of breach of any of the imposed bail conditions, the court below is at liberty to proceed to cancel the applicant's bail.ratio¶21

Detailed headnote1 paragraphs

Bail Granted — Umang Vashishtha v. State of U.P. — Criminal Misc. Bail Application No. 37859 of 2025 (decided October 31, 2025 by Ashutosh Srivastava, J.) (HC Allahabad) — Applicant sought enlargement on bail in Case Crime No. 126 of 2025 under Sections 318(4), 338, 336(3), 340(2) of the B.N.S. and Section 3/7 of the Essential Commodities Act, P.S. Sikheda, District Muzaffar Nagar. Learned counsel argued false implication: FIR lodged 13.10.2025 (incident 02:40 AM) though applicant detained by Police on 11.10.2025 after allegedly refusing demands for illegal gratification; 80 bags of Urea allegedly neither belonging to the applicant nor recovered from his vehicle; no independent witness; custody since 13.10.2025; no criminal antecedents. Learned AGA opposed but did not dispute those points. Without commenting on the merits, considering nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, the court held a case for bail was made out: applicant to be released on a personal bond and two reliable sureties each, subject to four conduct conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating witnesses, regular appearance before the trial court); breach authorises the court below to cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 37859 of 2025

Umang Vashishtha

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)		: Vishal Tandon
Counsel for Opposite Party(s)		: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri Vishal Tandon, learned counsel for the applicant, Sri Satish Kumar Rai-I, learned AGA for the State-Respondent and perused the record.

This bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 126 of 2025, under Sections 318(4), 338, 336(3), 340(2) of the B.N.S. and Section 3/7 of Essential Commodities Act, Police Station Sikheda, District Muzaffar Nagar.

Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that it is a case of false implication of applicant by the Police. He submits that from the perusal of the FIR it appears that the FIR was lodged on 13.10.2025 at about 04:49 AM for the incident alleged to have taken place on 13.10.2025 at about 02:40 AM, whereas the applicant was detained by the Police on 11.10.2025. He submits that the Police officials was demanding illegal gratification from the applicant and when the applicant refused to fulfill their demands, he falsely dragged/implicated the applicant in the present case. He submits that the alleged recovery of 80 bags of Urea does not belong to the applicant and the same has not been recovered from the vehicle of the applicant. He submits that there is no independent witness of the alleged incident. The applicant is languishing in jail since 13.10.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or

BAIL No. 37859 of 2025

2

tampering with evidence in case of release on bail. Hence, the bail has been prayed for.

Learned counsel for the AGA has vehemently opposed, but could not dispute the aforesaid fact raised by learned counsel for the applicant.

Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and primafacie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Umang Vashishtha, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

October 31, 2025

pks

(Ashutosh Srivastava,J.)

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