Single judge allowed bail to the applicant in a criminal trial regarding alleged cheating and forgery offences, subject to personal bond, two sureties, and specific conditions regarding tampering with evidence and programme surrender.
Release of applicant on bail with personal bond and two sureties subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16832 of 2018
Applicant :- Mumtaz Shah Opposite Party :- State Of U.P. Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Mumtaz Shah with a prayer to release him on bail in Case Crime No. 25 of 2018, under Sections 419, 420, 406, 506 IPC, Police Station Rampur Karkhana, District- Deoria, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.It is further argued that informants are encroachers of the public land. Applicant has filed P.I.L. No. 28286 of 2014 against them for recovery of the land and when no action was taken he has filed Contempt Application Nos. 7070 of 2015 and 2710 of 2016 against some of the informants. The argument is that in retaliation the impugned First Information Report has been lodged by the informant alleging that applicant took Rs. 35,000/- on the pretext of providing employment in foreign country. It is argued that there was prior enmity between the parties, therefore, there is no question of informant entrusting money to the applicant. The applicant is languishing in jail since 28.2.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Mumtaz Shah involved in the aforesaid 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 with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.7.2018 Atul kr. sri.
1 issue framed by the court
Whether the applicant deserving of bail in a trial stage proceeding under Sections 419, 420, 406, 506 IPC.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another
Mumtaz Shah
Siddharth J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
