Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57536

of 2022

Applicant :- Anil Singh

Opposite Party :- State of U.P.

Counsel for Applicant :- Janardan Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Janardan Yadav, learned counsel for the applicant and

Sri Varun Kumar Agnihotri, learned brief holder for the State-

respondent.

The instant application has been filed seeking release of the

applicant on bail in Case Crime No. 245 of 2019, under

Sections 147, 419, 420, 467, 468, 471, 416 IPC, Police Station-

Saraimeer, District Azamgarh, during pendency of the trial in

the court below.

According to the FIR the applicant is the broker of land and

Anil Singh and co-accused Ram Awadh Yadav received

photocopy of Voter ID Card of the informant and subsequently

it revealed to the informant that on his name a fake bank

account was opened and on the basis of his property Rs.8/- lacs

loan from the bank was disbursed.

Learned counsel for the applicant submits that entire allegations

made against the applicant are totally false and baseless and

there is no evidence on record which can show that applicant

along with other co-accused persons opened the bank account

of the informant and took the loan amount of Rs.8/- lacs against

the property of the informant. He further submits that only

allegation against the applicant is that Anil Singh and co-

accused Ram Awadh Yadav received a photocopy of the Voter

ID Card of the informant and except this nothing on record

against the applicant and on the basis of such allegation

applicant implicated in the present matter. He further submitted

that Field Officer Hari Shankar Prasad has been released on

anticipatory bail and the bail application of Branch Manager

has been allowed by co-ordinate Bench of this Court vide order

dated 04.01.2023 passed in Criminal Misc. Bail Application No.

57411 of 2022. He next submits that the applicant is not named

in the F.I.R. he is in jail since 19.11.2022.

Per contra, learned AGA although opposed the prayer for bail

but could not dispute the fact that except the allegation that the

applicant along with co-accused Ram Awadh Yadav received a

photocopy of the Voter ID Card of the informant, there is no

other allegation against him and Bank Manager Ashok Anand

has already been enlarged on bail by this Court and Field

Officer of the Bank has been released on anticipatory bail.

I have heard learned counsel for the parties and perused the

record of the case.

Although there is allegations that by playing fraud from the

loan account of the informant Rs.8/- lacs has been disbursed but

there is no allegation against the applicant either in the F.I.R. or

in the statement of witnesses that he either withdrew the loan

amount or the loan was disbursed in his favour and only

allegation against him is that he and co-accused Ram Awadh

received a photocopy of the Voter ID Card of the informant.

Further, co-accused Ashok Anand, the Bank Manger has already

been released on bail and co-accused Hari Shankar Prasad, the

Field Officer has been released on anticipatory bail, therefore,

considering the facts and circumstances of the case and the fact

that the applicant is not having any criminal history and he is in

the present matter are in jail since 19.11.2022, therefore, in my

view the applicant are entitled to be released on bail.

The instant bail application is allowed.

Let the applicant- Anil Singh be released on bail in the

aforesaid case on 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 appear before the trial court on the dates

fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make

inducement, threat or promise to any person acquainted with the

facts of the case so as to dissuade him from disclos