Sudhir Kumar Goyal vs State of U.P. — Cheque Dishonour | Allahabad HC (2025)

Sudhir Kumar Goyal vs State of U.P. — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement on bail of accused-applicant Sudhir Kumar Goyal on execution of a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions (non-tampering with evidence; no criminal activity; no pressurizing/intimidating of prosecution witnesses with co-operation in trial; regular appearance before trial court); court below free to cancel bail on breach.

Issue for consideration

Whether accused-applicant Sudhir Kumar Goyal, held in Case Crime No. 663 of 2023 (Sections 406, 120-B, 420, 506 IPC and Section 138 of N.I. Act), should be enlarged on bail.

Court's answer

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

Ratio / Principle

The bail application is allowed.

Key takeaways

The accused-applicant 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 conditions: not tampering with evidence, not indulging in criminal activity, not pressurizing/intimidating prosecution witnesses while co-operating in the trial, and regular appearance on dates fixed by the trial court.ratio¶14
In the event of breach of any of the aforesaid conditions, the court below is at liberty to proceed to cancel the bail.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Neutral Citation No. 2025:AHC:75425), Criminal Misc. Bail Application No. 6593 of 2025, decided 9.5.2025 by Hon'ble Ashutosh Srivastava, J. Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 moved by accused-applicant Sudhir Kumar Goyal seeking enlargement on bail in Case Crime No. 663 of 2023, Police Station Kotwali Dehat, District Bulandshahar, under Sections 406, 120-B, 420, 506 IPC and Section 138 of N.I. Act. Counsel for the applicant urged that he was innocent and falsely implicated, in jail since 16.12.2023 (over one year four months), had 43 criminal antecedents with bails/stays in several, and contended that the FIR registered under Section 138 N.I. Act was not maintainable, it being a complaint-case proceeding; learned AGA opposed the prayer. Considering the nature of accusations, severity of punishment, supporting evidence, apprehension of witness tampering and prima facie case, and expressly without commenting on the merit of the case, the Court held a case for bail made out and allowed the application: release on a personal bond and two reliable sureties each, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses with co-operation in trial, and regular appearance before the trial court, with liberty to the court below to cancel bail on breach of any condition.

Neutral Citation No. - 2025:AHC:75425

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6593 of 2025

Applicant :- Sudhir Kumar Goyal Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Mishra,Vimlendu Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Supplementary affidavit is taken on record.

Heard Shri Vimlendu Tripathi and Shri Rajesh Kumar Mishra, learned counsel for the applicant, Shri Vijendra Kumar Singh, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Sudhir Kumar Goyal, seeking enlargement on bail in Case Crime No. 663 of 2023, under Sections 406, 120-B, 420, 506 IPC and Section 138 of N.I. Act, Police Station Kotwali Dehat , District Bulandshahar.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 16.12.2023. Learned counsel for the applicant submits that FIR registered under Section 138 of N.I. Act is not maintainable. It is a proceeding of complaint case. The proceedings are sham in the eyes of law. The applicant is behind the bar for the last more than one year four months. He has 43 cases of criminal antecedent and in some of the cases, applicant has been released on bail and in some of the cases, proceedings of the case crime numbers has been stayed by this Hon'ble Court and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above 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 prima facie 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, Sudhir Kumar Goyal , 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.

Order Date :- 9.5.2025 Ravi Prakash

(Ashutosh Srivastava, J.)

Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad