Allowed

Jafar v. State of U.P.

Allahabad HC31 Jul 2018BAIL/28786/2018

Case brief

AI extract

What is this about?

This court granted bail to the applicant Jafar in the course of trial for offences under Sections 420, 406, 506, 508 IPC. The order was made upon reference to the Apex Court while not expressing an opinion on the merits, releasing the applicant subject to personal bond, two sureties, and strict conditions

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties in like amount, subject to specific conditions.

Jafar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

¶1

Court No. - 45

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28786 of 2018

¶3

Applicant :- Jafar Opposite Party :- State Of U.P. Counsel for Applicant :- Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

¶6

The instant bail application has been filed on behalf of the applicant, Jafar with a prayer to release him on bail in Case Crime No. 461 of 2018, under Sections 420, 406, 506, 508 IPC, Police Station Murad Nagar, DistrictGhaziabad, during pendency of trial.

¶7

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. The argument is that applicant is Tantrik who has taken money as well as gold from the first informant. It is further argued that First Informant is doctor by profession.No incriminating article has been recovered from the possession of the applicant. The applicant is languishing in jail since 1.5.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶8

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.

¶9

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 Jafar involved in the aforesaid

¶10

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 :-

¶11

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶12

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶13

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶14

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶15

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶16

Order Date :- 31.7.2018 Atul kr. sri.

Jafar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jafar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Charls Naemeka Vs State of U.P.

Sanju @ Sanjay Singh Vs State of U.P.

Janvi @ Jaya Vs State of U.P.

Atul Mishra Vs State of U.P.

Iklaas Vs State of U.P.

Narendra Singh Vs State of U.P.