Allowed

Arif Iqbal Fansopkar v. State of U.P.

Allahabad HC25 Jul 2019BAIL/15798/2019

Case brief

AI extract

What is this about?

Single judge allowed bail application of the applicant accused in offences under various sections of IPC and IT Act, finding it to be a fit case considering facts, nature of allegations, and gravity of offence despite not expressing opinion on merits.

What did the court decide?

Applicant released on bail furnishing personal bond and two reliable sureties of the like amount subject to standard conditions.

Arif Iqbal Fansopkar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15798 of 2019

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Applicant :- Arif Iqbal Fansopkar Opposite Party :- State Of U.P. Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This is a bail application on behalf of the applicant in connection with Case Crime No. 696 of 2018 under Sections 420, 467, 468, 471, 120-B & 411 I.P.C. and Section 66 Gha I.T. Act, P.S. Najibabad, District Bijnor.

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The contention of the learned counsel for the applicant is that the accused is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. He further submitted that the co-accused Shamshuddin Rais Ahmed Siddique & Dinesh Rajendra Jaisawar who were having similar role, have already been enlarged on bail vide orders dated 27.06.2019 & 19.06.2019 passed by the another Bench of this Court in Criminal Misc. Bail Application Nos. 25075 of 2019 & 24624 of 2019 and the co-accused Sabir Abdul Sattar Sheikh has been granted bail vide order dated 11.07.2019 passed by this Court in Criminal Misc. Bail Application No. 27696 of 2019.

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He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 . The accused is languishing in jail since 06.12.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed .

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Let the applicant Arif Iqbal Fansopkar be released on bail in

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the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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i) 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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ii) The applicant will not tamper with the witnesses.

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iii) The applicant 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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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 25.7.2019 Shanu

Arif Iqbal Fansopkar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arif Iqbal Fansopkar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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