Ashok Kumar Garg vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Ashok Kumar Garg vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail granted to the applicant until 03.12.2025 upon a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to four imposed conditions; prosecution free to seek cancellation upon breach; final decision deferred, with the case to be heard afresh on 03.12.2025 and the A.G.A. to obtain instructions in the meantime.

Issue for consideration

Whether the applicant, Ashok Kumar Garg, is entitled to anticipatory bail in Case Crime No. 10 of 2005 (Sections 420, 406, 467, 468, 471, 120-B IPC), Police Station Indirapuram, District Ghaziabad.

Court's answer

Considering the submissions of counsel and the attending facts and circumstances, the Court released the applicant Ashok Kumar Garg on interim anticipatory bail, on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, valid till 03.12.2025, subject to four conditions: (i) no tampering with evidence and appearance before the trial Court on fixed dates unless exempted; (ii) no direct or indirect inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police; (iii) co-operation during trial and non-misuse of the liberty of bail; and (iv) no departure from India without prior permission of the Court concerned. On default of any condition the prosecution is at liberty to file an appropriate application for cancellation of the interim anticipatory bail. The case is to be put up fresh on 03.12.2025, and in the meantime the learned A.G.A. may seek instructions.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 72), Justice Jitendra Kumar Sinha, 12 November 2025: Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 9251 of 2025 by Ashok Kumar Garg against the State of U.P. and Another, relating to Case Crime No. 10 of 2005 under Sections 420, 406, 467, 468, 471, 120-B IPC, Police Station Indirapuram, District Ghaziabad. Invoking the Supreme Court's anticipatory-bail criteria set out in Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 (nature and gravity of accusation, antecedents of the accused, possibility of flight from justice, careful evaluation of available material and the accused's exact role), and recording counsel's assertions that interim protection had earlier been granted till submission of the police report and that the chargesheet had already been filed, while the learned A.G.A. stated he had not received instructions, the Court released the applicant on interim anticipatory bail till 03.12.2025 on a personal bond of Rs. 50,000/- with two sureties of like amount, subject to conditions barring tampering with evidence, inducement or threats to persons acquainted with the facts, misuse of bail liberty, and travel abroad without permission; default entitles the prosecution to seek cancellation. The case was ordered to be put up afresh on 03.12.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9251 of 2025

Ashok Kumar Garg

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Amit Kumar Pandey, Rahul Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 72

HON'BLE JITENDRA KUMAR SINHA, J.

Heard Sri A.K. Pandey, learned counsel for the applicant, Sri J.P. Singh, learned A.G.A. for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime no. 10 of 2005 under Sections 420, 406, 467, 468, 471, 120-B IPC, Police Station Indirapuram, District Ghaziabad with the prayer that in the event of arrest, the applicant may be released on bail.

It is contended by learned counsel for the applicant that applicant was granted interim protection till submission of police report. It is further submitted that chargesheet in the case has already been filed. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court and in case he is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

On the other hand, learned A.G.A. submits that he has not received instructions in the matter.

It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material

NABAIL No. 9251 of 2025

2

against the accused carefully and the exact role of accused has also to be taken into consideration.

Considering the submissions of learned counsel for the parties and all attending facts and circumstances of the case, let the applicant Ashok Kumar Garg in the event of his arrest, be released on interim anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till 03.12.2025 with the following conditions :-

(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer;

(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

(iv) The applicant shall not leave India without prior permission of the Court concerned.

In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of the interim anticipatory bail granted to the applicant.

Put up this case as fresh on 03.12.2025.

In the meantime, learned AGA may seek instructions in the matter.

(Jitendra Kumar Sinha,J.)

November 12, 2025 Madhurima

Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad