Allahabad High Court
Adesh Chahar vs State Of U.P. on 9 January, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:4950 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56599 of 2023 Applicant :- Adesh Chahar Opposite Party :- State of U.P. Counsel for Applicant :- Prem Babu Verma,Anita Singh,Kumari Poonam Rajpoot,Nirmla Kumari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant and learned AGA for the State and perused the record.
2. By means of this bail application, applicant seeks bail in Case Crime No. 286 of 2023, under Section 420, 379, 467, 468, 471 IPC and under Section 66B, 66D of I.T. Act and under Section 65A of Copyright Act, Police Station Shahganj, District Agra, during pendency of trial.
3. It is submitted by learned counsel for applicant that F.I.R has been lodged by the informant stating that informant is director of Private Investigation Agency namely Blue Investigation Service Icon Anti Piracy Consulting Star India Pvt Ltd and its company Novi Digital Entertainment Private Ltd and it was alleged that ekbet.com is unauthorizedly hosting and streaming signals of star plus channel and Disney hot star. It is claimed that the company of first informant is run by certain advocates and as such the company of complainant is indulged in doing private investigation. On 27.11.2023, applicant and 6 other co-accused have been arrested showing the recovery of Diary, cheque book, sim and ATM cards and 2 cars.
4. It is further submitted by learned counsel for applicant that applicant has been arrested on 26.11.2023 from his house at about 5:00 PM and nothing has been recovered from his possession and totally false recovery has been planted against him. It is also pertinenet to mention here that there is no public and independent witnesses of the said arrest and recovery. Co-accused namely Chandresh and Kapil have already been enlarged on bail by orders dated 20.12.2023 and 08.11.2023 annexed as annexure no. 7 to the affidavit. The applicant is innocent and has been falsely implicated in the present case and the applicant has no criminal history and he is languishing in jail since 27.11.2023 in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
5. Learned A.G.A. for the State has opposed the prayer for bail but does not dispute the factual matrix of the case.
6. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned A.G.A. and without expressing any opinion on the merits of the case, this Court is of the view that the applicant have made out a case for bail. The bail application is allowed.
7. Let the applicant- Adesh Chahar involved in Case Crime No. 286 of 2023, under Section 420, 379, 467, 468, 471 IPC and under Section 66B, 66D of I.T. Act and under Section 65A of Copyright Act, Police Station Shahganj, District Agra, 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 the following conditions:-
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required.
iv. 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.
v. 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 officer or tamper with the evidence.
vi. The applicant shall not leave India without the previous permission of the Court.
vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.
8. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 9.1.2024 Shaswat