Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:132183 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4657 of 2025 Applicant :- Soumitro Chatterjee Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Malaviya,Aman Kumar Rai,Ashok Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The F.I.R. was lodged by the informant with the allegation that he had taken a loan of Rs. 5,000,00/- on 15.09.2018 from the Bank concerned by mortgaging his land and on 25.06.2019 he paid entire loan amount of as then was, i.e., Rs. 5,45,000/- through a cheque, but he was not given no dues by the Branch Manager. In the year 2022 when the applicant went to another Bank for applying for applying job card then it came into light to him that the said loan is due upon him. The informant made suspicion in the F.I.R. that he has been duped by the Branch Manager, Field Officer and Cashier. Learned counsel further submits that though at the time of incident when the loan was given the applicant was posted as Field Officer, but he has no concern with the business of loan. His work was only to the effect of verifying such documents which a loan submits at the time of applying for loan. The applicant has also no concern to issue no dues certificate to a person who paid all the loan amount and it is the Branch Manager and not the field officer, thus, applicant has falsely been implicated in the case with malicious intention. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him.
He next submits that applicant is languishing in jail since 21.01.2025, with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the submissions made by learned counsel for the applicant. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the
bail application stands allowed. 5. Let the applicant-Soumitro Chatterjee, be enlarged on bail in Case Crime No. 0777 of 2023, under Sections 409, 420 I.P.C., Police Station- Shikohabad, District- Firozabad, on executing a personal bond each and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 5.8.2025 Mustaqeem./ManojYadav Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad