Criminal Misc. Bail Application filed by Syed Mujahir Askari regarding charges of cheating, arson, and criminal conspiracy. The bench, considering allegations of insurance fraud and accidental fire, allowed the bail plea independently of the merits.
Release on bail on executing personal bond and furnishing two sureties subject to five conditions.
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. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28589 of 2019
Applicant :- Syed Mujahir Askari Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Khalid,Imran Ullah Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Manoj Mishra, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Syed Mujahir Askari in connection with Case Crime No.289 of 2018, under Sections 420, 341, 436, 506, 120-B I.P.C., P.S. Greater Noida, District Gautam Budh Nagar.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is tenant of the informant, who has lodged the present first information report. He further submitted that it has been specifically mentioned in the first information report that the premises of the factory was given on rent to the applicant and Singhraj Singh. It is further mentioned in the first information report that the rent was not paid for several months by the applicant. It is further mentioned that the applicant himself lit the fire in the factory in order to grab the insurance money. He further submitted that there is no direct evidence against the applicant that the applicant was seen by anybody causing fire to the factory which he had taken on rent or anybody had caused the fire on behalf of the applicant. He further submitted that there is only dispute of rent which was due. He further submitted that it was an accidental fire and in that fire entire machinery and other materials which were lying in the factory premises was gutted in the said fire. He further submitted that the allegations levelled against the applicant in the first information report is that the applicant was taking out the machinery and other material from the factory premises, is not tenable as the machinery was found lying in the shed and some machinery were found lying outside the factory shed in premises itself. He further submitted that the possession of the factory was forcibly taken over by the owner of the factory and the applicant has filed civil suit against the complainant. He further submitted that there is no direct evidence available on record against the applicant that the applicant had lit the fire in the factory. He submitted that the applicant is languishing in jail since 27.03.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. have opposed the bail plea and submitted that fire was caused by the applicant himself just to grab the insurance money and to defraud the owner of the factory so that the due rent could not be paid to
him.
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.
Accordingly, the bail application stands allowed.
Let the applicant Syed Mujahir Askari involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 13.8.2019
R./
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving offences under Sections 420, 341, 436, 506, and 120-B of the I.P.C.
Whether the applicant will misuse the liberty of bail if released.
Syed Mujahir Askari
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
