Rizwan v. State of U.P.
Case brief
What is this about?
The Hon'ble Court considered a bail application filed by Rizwan facing trial for cheating and forgery allegations involving receiving money and registering a sale deed.
What did the court decide?
Bail granted to the applicant upon furnishing a personal bond and two sureties with conditions to repay the disputed amount.
What the court decided
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26903 of 2019
Applicant :- Rizwan Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 311 of 2018, under Sections 420, 467, 468 & 471 I.P.C., P.S. Patiyali, District Kasganj.
The contention of the learned counsel for the applicant is that the accused is absolutely innocent and he has been falsely implicated in the present case due to ulterior motive. He submitted that there is allegation against the present accused that he has received Rs. 2 Lakh from the complainant and registered a sale deed in favour of the complainant. He further submitted that he is ready to pay the amount which he had taken from the complainant which is written in the sale deed. He next submitted that he is ready to cancel the sale deed.
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 19.03.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Issues for consideration
3 issues framed by the court
Whether the bail application of the accused charged under Sections 420, 467, 468 and 471 IPC is maintainable.
Whether the accused is entitled to be released on bail upon furnishing a personal bond and sureties.
Whether suitable conditions can be imposed to ensure the repayment of money involved in the alleged offence.
Parties & counsel
- applicant
Rizwan
- respondent
State Of U.P.
Coram
Ajit Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/26903/2019
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