Single Judge allowed bail in a case involving cheating and forgery charges. The court cited the reformative theory of punishment and released the applicant on personal bond with sureties under specific conditions.
Release of applicant on personal bond with two sureties to abide by conditions of court.
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. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4289 of 2018
Applicant :- Zarrar Ahmad Naqi Opposite Party :- State Of U.P. Counsel for Applicant :- Saleem Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of applicant, is taken on record.
Heard Sri Saleem Ahmad, learned counsel for the applicant and Sri Purushottam Maurya, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the first information report in the present case is highly belated . It is further submitted that there is no any independent witness of the locality to support the prosecution story. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 30.03.2015. It is further submitted that the criminal history of the applicant has been properly explained in para 12, 13, 14 and 15 of the affidavit filed in support of bail application.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment , the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Zarrar Ahmad Naqi involved in Case Crime No. 638
of 2014, under Sections 420, 467, 468, 471 I.P.C., Police Station Bhopa, District Muzaffar Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 15.3.2018 Arti
2 issues framed by the court
Whether the applicant, charged with forgery and cheating offences and in custody since 2015, is entitled to bail on furnishing security.
Whether the belatedness of the First Information Report and lack of independent witnesses justify the release on bail.
1 provisions across 1 enactments
Zarrar Ahmad Naqi
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
