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Neutral Citation No. - 2025:AHC:103757 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15588 of 2025 Applicant :- Amit Chaudhary Alias Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dutta Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rajesh Dutta Pandey, learned counsel for the applicant, learned AGA for the State and perused the material on record. 2. The instant bail application has been filed on behalf of the applicant -Amit Chaudhary Alias Sonu with a prayer to release him on bail in Case Crime No. 529 of 2022, under Sections 420, 467, 468, 471, 406 & 120B IPC, Police Station Kotwali, District Mathura, during pendency of trial. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case as he did not commit the alleged offence. He further submits that the applicant was not named in first information report (FIR) and the FIR was lodged by the informant with the allegation that the informant was having bank account in Punjab National Bank and in the said account cheque was issued for Rs. 1,72,302/- for NEFT. However, by cloning the cheque, an amount of Rs. 5,84,000/- has been taken out from the account of the informant. Name of the applicant has surfaced in the confessional statement of the co-accused, whereas there is no other evidence linking the applicant with the alleged crime. Learned counsel for the applicant has drawn attention of the Court to an order dated 14.12.2023 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No. 51337 of 2023, whereby co-accused Prince Kumar Sharma has been granted bail. Other co-accused Aksya Talwar @ Sunnay has already been granted bail by co-ordinate Bench of this Court vide order dated 04.01.2024 passed in Criminal Misc. Bail Application No.52416 of 2023. He seeks parity. It is further submitted that the applicant is languishing in jail since 08.04.2025 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant's fleeing away from judicial process or tampering with
the witnesses. 4.
On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, 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, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Amit Chaudhary Alias Sonu, involved in the aforementioned 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, with the following conditions:- i. 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 from disclosing such
facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation 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. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.7.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad