Allowed

Niyazuddin Siddiqi Alias Pappu v. State of U.P.

Allahabad HC16 Sept 2019BAIL/36047/2019

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Niyazuddin Siddiqi Alias Pappu for enlargement on bail in case Crime No. 233 of 2019 involving offences under various sections of the IPC. The court allowed bail, directing the execution of a personal bond with sureties and subject to standard conditions.

What did the court decide?

Applicant released on bail upon executing a personal bond and furnishing two sureties.

Niyazuddin Siddiqi Alias Pappu 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. - 36047 of 2019

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Applicant :- Niyazuddin Siddiqi Alias Pappu Opposite Party :- State Of U.P. Counsel for Applicant :- Harindra Pratap 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, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 233 of 2019, under Sections 406, 419, 420, 467, 468 and 471 I.P.C., P.S. Mugalsarai, district-Chandauli, is seeking enlargement on bail during the trial.

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As per allegation in the first information report the present accused has taken Rs. 50,000/- from the complainant for providing visa and ticket so that complainant may go to Saudi Arabia but the applicant has provided him visa and ticket for Sri Lanka in place of Saudi Arabia. The ticket and visa for Sri Lanka were not genuine.

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Learned counsel for the applicant submitted that as per allegation in the FIR Rs. 50,000/- was given in cash to the present accused and over Rs. 2,00,000/- were sent to the account of co-accused Ram Chandra. He next submitted that there is no evidence against the applicant, except oral assertion that he has taken money from the complainant. Further submission is that all the offences are triable by the court of Magistrate. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 27.7.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Niyazuddin Siddiqi Alias Pappu be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 233 of 2019, under Sections 406, 419, 420, 467, 468 and 471 I.P.C., P.S. Mugalsarai, district-Chandauli subject to 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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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 :- 16.9.2019 Faridul

Niyazuddin Siddiqi Alias Pappu v. State of U.P.

Case brief

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Niyazuddin Siddiqi Alias Pappu v. State of U.P.

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