EKTA ANANDversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 33446 of 2025

Ekta Anand
                                                              .....Applicant(s)
                                   Versus
State of U.P.
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)      : Pankaj Kumar Srivastava, Rajkapoor
                                Upadhyay
Counsel for Opposite Party(s) : G.A.

Court No. - 66
                      HON'BLE SAMEER JAIN, J.

1. Heard Sri S.K. Tiwary, learned Advocate holding brief of Sri Rajkapoor
Upadhyay, learned counsel for the applicant and Dr. S.B. Maurya, learned
AGA-I for the State.

2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 435 of 2025, under Sections 318(4), 338, 336(3),
340(2), 315(2) BNS, Police Station Izat Nagar, District Bareilly during
pendency of the trial.

3. Learned counsel for the applicant submits, however, as per allegation,
applicant along with co-accused Abhishek Saxena duped the informant and
received about 12,50,000/- from him under false promise to provide job to
him but entire allegation leveled against applicant is totally false.

4. He further submits, except Rs. 50,000/- which was transferred by the
informant in the account of applicant there is no evidence which can
suggests that applicant received such huge amount from the informant as
alleged by him.

5. He further submits, actually applicant is close relative of co-accused
Abhishek Saxena and dispute of Abhishek Saxena and informant was
pending with regard to dishonor of the cheque which was issued by son of
informant and in this regard Abhishek Saxena also gave a legal notice to him
which has been annexed at page-62 of the paper-book and during the course
of settlement the amount of Rs. 50,000/- was transferred in the account of
applicant as applicant was relative of co-accused Abhishek Saxena.
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6. He further submits, even from the entire material available on record it
reflects, informant was dishonest person who wanted to obtain job by illegal
means.

7. He further submits, however, apart from the present case applicant is
having criminal history of two cases but his criminal history has been
explained in the bail application and in one case his bail is pending and in
another case investigation is still pending.

8. He further submits, in the present matter applicant is in jail since
06.05.2025 i.e. for last more than eleven months.

9. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.

10. I have heard learned counsel for the parties and perused the record of the
case.

11. However, as per allegation, applicant along with co-accused Abhishek
Saxena under false promise to provide job to the informant received
Rs.12,50,000/- from him but except Rs.50,000/- there is no other evidence
which can suggests that applicant received any money from him and
considering the legal notice sent by co-accused Abhishek Saxena to the son
of informant the explanation given by learned counsel for applicant with
regard to Rs.50,000/- cannot be ruled out at this stage.

12. Further, this Court also finds merit in the argument advanced by learned
counsel for applicant that even informant appears to be dishonest person
who wanted to obtain job by illegal means.

13. Further, however, apart from the present case applicant is having
criminal history of two cases but his criminal history has been explained in
the bail application and in the present matter applicant is in jail since
06.05.2025 i.e. for last more than eleven months.

14. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.

15. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.

16. Let the applicant - Ekta Anand be released on bail in the aforesaid case
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                                    on furnishing a personal bond and two sureties each in the like amount to
                                    the satisfaction of the court concerned with the following conditions:-

                                    (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.

                                    17. 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.

                                    18. 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.

                                    April 23, 2026
                                    AK Pandey
                                                                                                  (Sameer Jain,J.)




Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad