Allahabad High Court
ASHWANI JADAUNversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, in the absence of cogent evidence and given the applicant's clean record, bail should be granted.
Summary
Ashwani Jadaun was arrested in connection with alleged forgery of a vehicle chassis and related offences under several IPC sections and the Income Tax Act. He claimed innocence, stating he had no authority to issue invoices and that the allegations were false. The State opposed bail, but the court noted the absence of cogent evidence, the applicant's clean criminal record, and his willingness to cooperate. Relying on these factors, the court found a prima facie case for bail. Consequently, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether the applicant is entitled to bail despite the serious nature of the alleged offences.
- Whether the prosecution has presented sufficient evidence to justify denial of bail.
Legislation cited
- Income Tax Act — s. 66(C)
- Indian Penal Code — s. 238, 316(5), 318(4), 336(3), 338, 340(2), 61(2) BNS
Subjects
- bail
- forgery
- vehicle chassis
- Indian Penal Code
- Income Tax Act
- criminal procedure
- evidence
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32384 of 2026
Ashwani Jadaun
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Keshawa Prasad Pandey, Krishna
Chandra Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 29 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Krishna Chandra Pandey, learned counsel for the applicant, Sri
R.P. Singh, learned State Law Officer and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.221 of 2026, under Sections
318(4), 316(5), 338, 336(3), 340(2), 238, 61(2) BNS and 66(C) I.T. Act,
Police Station Sihanigate, District Ghaziabad, during the pendency of trial.
4. As per the allegations in the FIR, the applicant forged the documents as
well as the chasis of the vehicle in question, which came out to be 16060285
while the applicant had pasted the chasis no. T6A69064 over it.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. He
did not hold any power to issue any invoice to any of the customers. The
allegations were that applicant used his clout and did the same act with
several other vehicles and inflicted a loss of about Rs. 72,33,306/- to the
informant. There is no cogent evidence against the applicant, as such, he is
entitled for bail.
6. Learned counsel for the applicant has further argued that there is no
BAIL No. 32384 of 2026
2
criminal history of the applicant. The applicant is languishing in jail since
5.7.2026 and he is ready to cooperate with trial. In case, the applicant is
released on bail, he will not misuse the liberty of bail.
7. Learned State Law Officer has vehemently opposed the bail application
but the submissions raised by the learned counsel for the applicant could not
be disputed.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, there being no cogent evidence against the
applicant of having committed the said offence and without expressing any
opinion on the merits of the case, prima-facie the Court is of the view that
the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Ashwani Jadaun, who is involved in aforementioned
case crime be released on bail on his furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the court concerned
subject to verification of sureties, with the condition that he shall not tamper
with evidence or intimidate witnesses and shall appear before the trial court
as required.
10. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
September 11, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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