Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48211 of 2021

Applicant :- Sunil Patel And Another

Opposite Party :- State of U.P.

Counsel for Applicant :- Prem Shanker Prasad

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicants, learned A.G.A for the

State and perused the record.

It is submitted that in this case applicants have been falsely

implicated. Applicants have been arrested by the police with co-

accused Sushil Kumar Patel. It is further submitted that SIM

Card ID used for withdrawal of money was recovered from the

possession of the co-accused Sushil Kumar Patel and money

was transferred from the bank account of the applicant to the

bank account of co-accused Sushil Kumar Patel. It is further

submitted that co-accused Sushil Kumar Patel has already been

enlarged on bail by co-ordinate Bench of this Court vide order

dated 21.12.2021 passed in Criminal Misc. Bail Application

No.41100 of 2021. The case of the applicant is also on the

similar footing. Applicants have not any previous criminal

history. They are languishing in jail since 14.08.2021 and in

case they are released on bail, they will not misuse the liberty of

bail and will cooperate in trial.

Learned AGA opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity

of the accused, submissions of the learned counsel for the

parties and without expressing any opinion on the merits of the

case, the Court is of the view that the applicants have made out

a case for bail. The bail application is allowed.

Let the applicant- Sunil Patel & Nitesh Kumar Patel, involved

in Case Crime No. 18 of 2021, under Section- 420 I.P.C. and

Section-66 I.T. Act, P.S.- Syber Crime, District-Prayagraj, be

released on bail on furnishing a personal bond and two sureties

each in the like amount to the satisfaction of the court

concerned subject to following conditions.

1. The applicants will not tamper with the evidence during the

trial.

2. The applicants will not pressurize/ intimidate the prosecution

witness.

3. The applicants will appear before the trial court on the date

fixed, unless personal presence is exempted.

4. The applicants shall not commit an offence similar to the

offence of which he is accused, or suspected of the commission

of which he is suspected.

5. The applicants 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.

In 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 :- 9.3.2022

Sachin/-

Digitally signed by SACHIN TIWARI

Date: 2022.03.11 10:39:57 IST

Reason:

Location: High Court of Judicature

at Allahabad