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

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

What the court decided

AI extract

Outcome

Applicant Shakti to be released on bail 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 and verification of sureties before the release order.

Issue for consideration

Whether applicant Shakti, accused in Case Crime No. 342 of 2024 under Sections 317(2), 317(4), 317(5) and 318(4) of BNS (P.S. Rahra, District Amroha), should be released on bail during pendency of trial.

Court's answer

Considering the entire facts and circumstances, submissions of counsel, nature of offence, evidence, complicity of accused, without expressing opinion on merits, and the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I., the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

Applicant Shakti is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions, with sureties to be verified before issuance of the release order.

Key takeaways

Bail is subject to conditions: the applicant shall not tamper with prosecution evidence by intimidating/pressurizing witnesses, shall cooperate in trial sincerely without seeking adjournment, and shall not indulge in any criminal activity after release; breach of any condition shall be a ground for cancellation of bail.ratio¶16

Detailed headnote1 paragraphs

Bail application (Criminal Misc. Bail Application No. 9231 of 2025) of Shakti, accused in Case Crime No. 342 of 2024 under Sections 317(2), 317(4), 317(5) and 318(4) of BNS, P.S. Rahra, District Amroha, allowed by Deepak Verma, J. (order dated 3.4.2025). FIR allegation: recovery of four motorcycles from joint possession of two accused persons. Applicant pleaded false and planted recovery unsupported by independent witness, claimed parity with co-accused Manoj granted bail by this Court on 20.03.2025, explained one case of criminal history, and had been in jail since 29.11.2024. Learned A.G.A. opposed. Relying on the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. (S.L.P.(Crl.) No. 5191 of 2021), the Court held a case for bail was made out and directed release on a personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence/witnesses, sincere cooperation in trial without adjournment, no criminal activity after release), breach of any condition being a ground for cancellation of bail.

Neutral Citation No. - 2025:AHC:46413

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9231 of 2025

Applicant :- Shakti Opposite Party :- State of U.P. Counsel for Applicant :- Amrita Singh Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard Ms. Amrita Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 342 of 2024, registered under Sections 317(2), 317(4), 317(5), 318(4) of BNS, Police Station Rahra, District Amroha, during pendency of the trial.

Allegation in the FIR is that four motorcycles have been recovered from joint possession of two accused persons. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The alleged recovery is false and planted and not supported by any independent witness. Applicant claims parity with co-accused, Manoj, who has been granted bail by this Court vide order dated 20.03.2025 and applicant's case is similar to the co-accused. One case of criminal history of the applicant has been explained in bail application. The applicant is languishing in jail since 29.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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 and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Shakti, 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 :- 3.4.2025 Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad