Allowed

Sachin Kumar v. State of U.P.

Allahabad HC18 Feb 2025BAIL/5147/2025

Case brief

AI extract

What is this about?

In a bail application under Sections 420, 467, 468, 471, and 120B IPC, the Allahabad High Court released the applicant on bail, finding he was the actual victim of fraud with a pending civil suit for cancellation of the sale deed and no evidence suggesting tampering.

What did the court decide?

Release of applicant on bail with personal bond and two sureties, conditioned to appear in court and not tamper with evidence.

Sachin Kumar vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:23141

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5147 of 2025

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Applicant :- Sachin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Upadhyay,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State-opposite party and perused the record.

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The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 772 of 2023, under Sections 420, 467, 468, 471, 120B I.P.C., Police Station Sardhana, District Meerut, during the pendency of the trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is the alleged purchaser of the disputed land. The said consideration was duly paid by the applicant. The applicant himself is the victim of the fraud. A civil suit has been filed by the informant for cancellation of the sale deed dated 04.03.2022. The applicant is in jail since 06.12.2024, having no criminal history and in case, he is enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record this Court prima facie finds that the applicant is the purchaser of the disputed land. The applicant himself is the victim of the fraud. A civil suit has also been filed by the informant for cancellation of the sale deed dated 04.03.2022. At this stage, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant Sachin 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 subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 18.2.2025 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Sachin Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sachin Kumar v. State of U.P.

Case brief

What is this about?

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What the court decided

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