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ALLAHABAD HIGH COURT
KRISHAN PAHAL
ASHISH – Appellant
Versus
State – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points:

  • The applicant, Ashish, filed a bail application in connection with a case involving allegations under sections 420, 467, 468, 471, 120B IPC, and Section 66D of the I.T. Act (!) (!) .
  • The case involves allegations of cheating, forgery, and use of forged documents, specifically relating to the sale of a SIM card used to debit money from the informant's bank account (!) (!) (!) - (!) .
  • The court considered the nature of the offence, evidence on record, and the larger constitutional mandate when deciding on bail [judgement_subject] (!) - (!) .
  • The applicant has no criminal history, is in jail since August 6, 2021, and claims innocence, asserting that he was falsely implicated (!) - (!) .
  • The court observed that the applicant is an agent of the mobile company and that the sale of the SIM card was on valid ID proof, with no evidence of illegality by the applicant (!) - (!) .
  • The court granted bail, subject to conditions including furnishing personal bonds and sureties, verification of sureties, and undertakings to prevent default or misuse of liberty (!) - (!) .
  • The applicant is required to remain present at trial proceedings on specific dates and must not seek adjournments or abscond, with breaches potentially leading to cancellation of bail (!) - (!) .
  • The court emphasized that observations made in the bail order do not influence the trial judge’s independent assessment of evidence (!) .

Please let me know if you need a detailed analysis or assistance with drafting related legal documents.


Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45805

of 2021

Applicant :- Ashish

Opposite Party :- State of U.P.

Counsel for Applicant :- Prashant Kumar Singh,Santosh

Kumar Nigam

Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

Heard learned counsel for the applicant and learned A.G.A. for

the State and perused the material placed on record.

Applicant seeks bail in Case Crime No. 318 of 2021 U/S 420,

467, 468, 471, 120B IPC and Section 66D of I.T. Act, Police

Station Bhawan Bahadur Nagar, District Bulandshahr, during

the pendency of trial.

As per the prosecution story, on 13.6.2021 Rs. 49999/- and

49999/- was debited from account of informant maintained in

State Bank, branch Gulawathi, Bulandshahr. Informant has

alleged that he had booked new mobile phone on Amazon as

said company was providing a discount of Rs. 2500/- on sale

price. To avail the said discount, informant had searched toll

free number of aforesaid company on Google and called on toll

free number 18004120451. Thereafter, he received phone call

from mobile no. 8004285991. On repeated calls by aforesaid

mobile number, informant believed that said number belongs to

Amazon. Informant hea

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