Allowed

Abdul Rahman v. State of U.P.

Allahabad HC20 Aug 2018BAIL/31534/2018

Case brief

AI extract

What is this about?

The Court granted bail to Abdul Rahman in a cheating and forgery case after noting his lack of criminal history and indirect involvement in the alleged transaction, citing Dicta from Dataram Singh. The applicant was released on personal bond with two sureties subject to standard bail conditions.

What did the court decide?

Release on bail with personal bond and two sureties; conditions include no tampering intimidation appearance in court and no similar offences.

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

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31534 of 2018

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Applicant :- Abdul Rahman Opposite Party :- State Of U.P. Counsel for Applicant :- Harish Chandra Singh,Anand Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Pradeep Kumar VI, learned counsel for the informant.

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The argument is that the applicant is neither the vendor nor the vendee nor he has received any amount in the disputed transaction. The main allegation is against coaccused Sarfaraj of accepting the amount. The applicant has no criminal history and is in jail since 30.6.2018.

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On the other hand learned AGA and learned counsel for the informant have opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Abdul Rahman involved in Case Crime No.0217 of 2018, under Sections 419, 420, 467, 468, 471, 406, 504, 506, I.P.C, Police Station Kothibhar, District Maharajganj 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 following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Order Date :- 20.8.2018 T. Sinha

Abdul Rahman v. State of U.P.

Case brief

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Abdul Rahman v. State of U.P.

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