Allahabad High Court
ARUN KUMAR AGNIHOTRI @ PANKAJversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court granted bail to the applicant, finding the case fit for release on bail.
Summary
Arun Kumar Agnihotri, accused in a 2020 fraud case (Crime No.12) under IPC sections 420, 467, 468 and 471, sought bail claiming he was falsely implicated and that the money was received by co‑accused Yashwant Verma. He alleged that he had no role in the alleged fraud involving Rs 2,72,000 and 1,650 women promised employment, and pointed to the earlier grant of bail to co‑accused Amit Verma. Although the Assistant Government Advocate opposed bail, he did not dispute the applicant’s contentions. The court, after reviewing the record and the nature of the allegations, found the case fit for bail without commenting on the merits, and ordered bail with a personal bond, two sureties and specific conditions. The bail order was made on 29 September 2026, subject to compliance with the conditions and the possibility of cancellation for breach.
Issues considered
- Whether bail should be granted to the accused under IPC sections 420, 467, 468 and 471 given the nature of the fraud allegations and his prior criminal history.
Legislation cited
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- bail
- fraud
- IPC
- false promise of employment
- criminal procedure
- prior criminal history
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26487 of 2026
Arun Kumar Agnihotri @ Pankaj
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Pandey, Sudhakar
Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
2. The applicant is involved in Case Crime No. 12 of 2020 under Sections
420, 467, 468, 471 I.P.C., Police Station Sadar Bazar District Agra.
3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is further
submitted that as per FIR, the applicant and other co-accused persons
have committed fraud of total Rs.2,72,000/-, by making chain of 1650
ladies under the false promise to provide them employment. It is next
submitted that as per prosecution version itself, it is apparent that the
money has been received by co-accused Yashwant Verma. No any amount
has been received by the applicant. It is also submitted that applicant is
having no concern with the allegations levelled against him and he has not
committed any offence as alleged by prosecution. It is further submitted
that co-accused Amit Verma, has been granted bail by the co-ordinate
Bench of this Court in Criminal Misc. Bail Application No.11781 of 2023
vide order dated 19.04.2023. The applicant has criminal history of 14
cases, which has been explained by him in supplementary affidavit. The
applicant is in jail since 22.05.2026. Therefore, the applicant is entitled
for bail. Learned counsel for the applicant has further submitted that if the
applicant is released on bail, the applicant would not misuse liberty of bail
and is ready to co-operate in the trial.
BAIL No. 26487 of 2026
2
4. Learned A.G.A. has opposed the prayer for bail but he has not disputed
the above contention made by the learned counsel for the accused-
applicant.
5. Considering the facts and circumstances of the case, perusing the
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.
6. Let applicant - Arun Kumar Agnihotri @ Pankaj be released on bail
in the aforesaid case crime number on furnishing a personal bond and
two reliable sureties of the like amount to the satisfaction of the court
concerned subject to following conditions, which are being imposed in
the interest of justice:-
(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 disclosing such facts to the Court or any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
7. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
8. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Jai Prakash Tiwari,J.)
September 29, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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