Akash Sachan v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48044 of 2023 Applicant :- Akash Sachan Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Sinha Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2In terms of the FIR, it was alleged that the two agents were working for uploading the cash in the ATM, namely, has misappropriated certain amount of money. It was alleged that out of the total amount, Rs.3/- lac were deposited in a account which belongs to the applicant.

¶3The Counsel for the applicant argues that the main accused Pramod Kumar Sachan and Arvindar Singh @ Arivand Singh have been enlarged on anticipatory bail by this Court vide orders dated 04.04.2023 and 11.05.2023 (Annexure-2). The only allegations against the applicant is that certain amount of money was transferred to his account, which according to the applicant relates to an agreement to sale to a part of a land.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that the main accused have been enlarged on bail and the applicant has no criminal antecedents, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

¶6Let the applicant Akash Sachan be released on bail in FIR/ Case Crime No.184 of 2022, under Sections 420, 409, 120B IPC, Police Station Kotwali, District Kanpur Nagar on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 8.11.2023 akverma High Court of Judicature at Allahabad