Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:144071 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41839 of 2023 Applicant :- Mangat Singh Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Prasad,Firoz Ahmad Khan,Sunil Kumar Gaur Counsel for Opposite Party :- G.A.,Prabhat Kumar Tiwari Hon'ble Santosh Rai,J.
1. Heard learned counsel for the applicant, Sri Prabhat Kumar Tiwari, learned counsel for the informant and learned AGA for the State-respondents and perused the record. 2. This bail application has been moved on behalf of accused- applicant Mangat Singh seeking enlargement on bail in Case Crime No.21 of 2023 , under Sections 420, 467, 468, 471, 406, 411, 120-B IPC, Police Station Kirawali, District Agra. 3. Learned counsel for the applicant submits that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 11.6.2023. It has been submitted that initially the First Information Report was registered as unknown, as per the FIR that Rs.5,65,000/- was sent to different accounts including the accused applicant upon receiving the false request/information from mobile no.9258545147 to mobile number of informant. It is further submitted that at the time of arrest, recovery from the accused/applicant of Rs.90,000/- was shown from the possession but no independent or reliable witnesses were available at the time of recovery. Learned counsel for the applicant further argues that Rs.90,000/- was received in the account of accused applicant which has been withdrawn and thereafter when the accused applicant was going to deposit the aforesaid money in the police station, he was arrested. It is contended that the applicant has no malafide intention to commit the fraud in this case. It is further argued that two other accused has been enlarged on bail previously by Special Judge (SC/ST Act), Agra vide order dated 3.7.2023. Submission is that since the charge-sheet has already been
submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. It is lastly submitted that applicant has no criminal antecedent 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. 4.
Per contra, learned counsel for the informant as well as learned AGA has vehemently opposed the the prayer for bail and submits that the aforesaid amount had been deposited by informant in different accounts including the accused applicant on the request of the accused.. 5. After perusing the record in the light of submission advanced by
learned counsel for applicant and learned AGA and considering all above facts and circumstances, the nature of accusations, severity of the punishment, period of detention in jail 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.
6. Accordingly, the bail application is allowed.
7. Let the accused-applicant Mangat Singh 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:- i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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.
8. 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 :- 21.8.2025/RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad