Allowed

Rashid v. State of U.P.

Allahabad HC8 Jan 2018BAIL/47533/2017

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 420, 467, 468, and 471 IPC, the High Court granted bail to the applicant, Rashid, who had been falsely implicated in a case involving forgery and cheating, dismissing the state's opposition regarding the severity of the charge and tempering of witnesses.

What did the court decide?

The applicant was released on bail on furnishing a personal bond with two sureties under specified conditions.

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

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47533 of 2017

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Applicant :- Rashid Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Ram Kumar Dubey, learned counsel for the applicant and Sri Vikas Rana, learned A.G.A. appearing for the State.

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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 due to malafide intention the applicant had never been involved in doing such activities as alleged in the impugned F.I.R. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been place 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 03.11.2017. The applicant has no other reported criminal antecedent.

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Learned A.G.A. opposed the prayer for bail.

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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.

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Let the applicant Rashid involved in Case Crime No. 616 of 2017, under Section 420, 467, 468 and 471 I.P.C., Police Station Kotwali, District Bijnor 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:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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Order Date :- 8.1.2018 Arti Sharma

Rashid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rashid 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

Statutes considered

Parties & counsel

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