Allowed

Nawab v. State of U.P.

Allahabad HC6 Sept 2018BAIL/31055/2018

Case brief

AI extract

What is this about?

In Criminal Misc. No. 31055 of 2018, the High Court allowed a second bail application filed by Nawab. The court accepted a supplementary affidavit demonstrating a bank deposit of Rs.1.25 lakh towards the victim's claim as a fresh ground. Despite prior rejections, the release was granted on the satisfaction that the amount was paid.

What did the court decide?

The applicant Nawab was released on bail on executing a personal bond and furnishing two sureties on similar terms.

Nawab Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 42

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Case :- CRIMINAL MISC. IInd BAIL APPLICATION No. - 31055 of 2018

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Applicant :- Nawab Opposite Party :- State Of U.P. Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Supplementary affidavit filed on behalf of the applicant is taken on record.

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Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

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This is second bail application. The first bail application was rejected by this Court on 16.05.2018.

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By way of the supplementary affidavit, statement of account concerning Jareena wife of Gulam Navi at Punjab National Bank, Khair Road, Aligarh with Account No.9890000100052301 has been filed wherein amount of Rs.1,25,000/- has been shown to have been deposited on 03.08.2018. On the face of the same, it has been claimed that the amount involved in this case has already been paid by the applicant to the victim/informant. This has been made as fresh ground of the second bail application. The applicant is languishing in jail since 01.03.2018.

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Learned AGA has opposed prayer for bail. However, learned AGA has not disputed statement of account of the victim/informant filed by way of supplementary affidavit provided the same is genuine.

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Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, the authenticity and genuineness of the document placed on record by way of the supplementary affidavit is taken to be genuine, nature of accusation and the severity of

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punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, the second bail application is allowed.

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Let the applicant Nawab involved in Case Crime No.1157 of 2017, under Sections 419, 420, 467, 468, 471, 406, 506 I.P.C., Police Station Delhigate, District Aligarh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 6.9.2018

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Nawab v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nawab v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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