High Court

Application No. 1160 of 2023, the trial court was directed to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties, but till today, the trial has not been concluded. It is also submitted that the evidence of P.W. 1 is still going on and there is no possibility of conclusion of trial in near future. It is vehemently submitted that in para 2 of the supplementary affidavit filed today by Nikhil Gupta s/o Lal Chandra Agrahari, r/o 20/C1/12A, Raebareli Road, Vrindavan Yojna, Sector 20, P.S. PGI, Lucknow, Adhaar Card No. 241398800945, it is clearly stated that the applicant is willing to return the amount of Rs.5,70,000/-, which was deposited by the informant of the present case within a period of two months from the date of his release. It is, thus, submitted that the applicant, who is in jail since

27.02.2021, is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial.

5. Learned A.G.A. vehemently opposes the prayer for grant of bail to the applicant and submits that the charge was submitted by the Investigating Officer for the alleged offences with the observation that the informant was cheated by the applicant and took away his money amounting to Rs.5,70,000/-. Learned counsel for the informant also submits that the informant was allured and advised to deposit Rs.5,70,000/-, which has been duped by the applicant. However, learned counsel for the opposite parties do not have any objection on the bail being granted to the applicant, in case, the amount in question is returned to the applicant within a period of two months from the date of his release.

6. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and going through the contents of F.I.R., order dated 01.05.2023 as well as contents of the supplementary affidavit filed by Nikhil Gupta, real brother of the applicant and other relevant documents, it is evident that in para 2 of the supplementary affidavit filed today, it is categorically stated that the applicant will return the amount of Rs.5,70,000/- to the informant within two months from the date of his release. In view of above, this Court is of the view that the applicant is entitled to be released on bail.

7. Application stands allowed.

8. Let applicant -Ankit Agrahari be released on bail in F.I.R. No. 226 of 2022, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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 office or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229- A IPC. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

9. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

10. However, in case, the applicant fails to refund the amount of Rs.5,70,000/- to the informant of the present case within a period of 2 months from the date of his release, as mentioned in the supplementary affidavit, the informant shall move appropriate application for cancellation of bail. Order Date :- 3.4.2025 VKS

Application No. 1160 of 2023, the trial court was directed to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties, but till today, the trial has not been concluded. It is also submitted that the evidence of P.W. 1 is still going on and there is no possibility of conclusion of trial in near future. It is vehemently submitted that in para 2 of the supplementary affidavit filed today by Nikhil Gupta s/o Lal Chandra Agrahari, r/o 20/C1/12A, Raebareli Road, Vrindavan Yojna, Sector 20, P.S. PGI, Lucknow, Adhaar Card No. 241398800945, it is clearly stated that the applicant is willing to return the amount of Rs.5,70,000/-, which was deposited by the informant of the present case within a period of two months from the date of his release. It is, thus, submitted that the applicant, who is in jail since

27.02.2021, is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial.

5. Learned A.G.A. vehemently opposes the prayer for grant of bail to the applicant and submits that the charge was submitted by the Investigating Officer for the alleged offences with the observation that the informant was cheated by the applicant and took away his money amounting to Rs.5,70,000/-. Learned counsel for the informant also submits that the informant was allured and advised to deposit Rs.5,70,000/-, which has been duped by the applicant. However, learned counsel for the opposite parties do not have any objection on the bail being granted to the applicant, in case, the amount in question is returned to the applicant within a period of two months from the date of his release.

6. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and going through the contents of F.I.R., order dated 01.05.2023 as well as contents of the supplementary affidavit filed by Nikhil Gupta, real brother of the applicant and other relevant documents, it is evident that in para 2 of the supplementary affidavit filed today, it is categorically stated that the applicant will return the amount of Rs.5,70,000/- to the informant within two months from the date of his release. In view of above, this Court is of the view that the applicant is entitled to be released on bail.

7. Application stands allowed.

8. Let applicant -Ankit Agrahari be released on bail in F.I.R. No. 226 of 2022, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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 office or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229- A IPC. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

9. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

10. However, in case, the applicant fails to refund the amount of Rs.5,70,000/- to the informant of the present case within a period of 2 months from the date of his release, as mentioned in the supplementary affidavit, the informant shall move appropriate application for cancellation of bail. Order Date :- 3.4.2025 VKS