Ashab Ahmed v. State of U.P.
Case brief
What is this about?
This is a bail application in a cheating case involving forged VISA documents. The court considered submissions regarding the applicant's promises to return money and lack of prior record. The court found no good ground for bail and rejected the application at this stage.
What did the court decide?
Bail application rejected; applicant to remain in custody at this stage.
What the court decided
A compact analysis
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. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43314 of 2018
Applicant :- Ashab Ahmed Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicant seeks bail in Case Crime No. 56 of 2018, under Sections - 419, 420, 406, 506 I.P.C., Police Station - Shyam Deurawan, District - Mahrajganj.
Accusation is that the applicant swindled Rs. 1,80,000/- and duped the informant on account of availing him job in Saudi Arabia by arranging forged and false VISA/papers etc and the informant has incurred a loss of Rs.1,80,000/-, which on demand not being returned by the accusedapplicant.
Contention is that no offence whatsoever has been committed. Applicant has no previous criminal history. Offence alleged is triable by the Magistrate Ist Class. There is no proof as to how forged papers like VISA can be prepared by the applicant and in case, it was forged, how can the son of the informant travel over to Saudi Arabia.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in the pending trial for cheating and forgery.
Whether the allegations of forging documents to obtain a visa justify refusal of bail.
Whether the petitioner has made good grounds for bail considering the risk to the informant's son.
Parties & counsel
- applicant
Ashab Ahmed
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/43314/2018
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