Gaurav Agarwal v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49251 of 2023 Applicant :- Gaurav Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Pandey,Dinesh Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-opposite party.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 971 of 2022, under Sections 420, 467, 468, 471 and 120B of I.P.C, Police Station-Kavi Nagar, District-Ghaziabad, during the pendency of trial.

¶3Counsel for the applicant submitted that the applicant is the informant and has been falsely implicated in the instant case. The applicant is the bonafide purchaser of the property. The said property was purchased after taking loan from the Hinduja Housing Finance Ltd., Vaishali, Ghaziabad. The sale deed was executed on 15.09.2020. The stamp papers worth Rs. 5,46,000/- was paid by the applicant. The applicant himself is the victim of the fraud. The amount of Rs. 3,26,000/- credited in the account of the applicant, was an advance given by the applicant to the alleged Surendra David Simon which was returned. The applicant had been paying the installments of the loan till the time he came to know that he had been cheated. The applicant is in jail since

07.09.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record this Court prima facie finds that the applicant had purchased the stamp papers worth Rs. 5,46,000/-. The installment of the loan had been paid by him. At this stage, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Gaurav Agarwal, involved in aforesaid case 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 subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 12.12.2023 Sachin Mishra High Court of Judicature at Allahabad