Allowed

Hafiz Rais and Another v. State of U.P.

Allahabad HC8 Jan 2019BAIL/38414/2018

Case brief

AI extract

What is this about?

The single judge allowed a bail application filed by Hafiz Rais and Rasid in Sections 420, 406, and 504 IPC cases. The court accepted the informant’s counter-affidavit stating the dispute was settled and no grievance remained, granting bail despite the State’s opposition.

What did the court decide?

Bail granted to defendants executing a personal bond and furnishing two sureties each.

Hafiz Rais and Another Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38414 of 2018

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Applicant :- Hafiz Rais And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Kumar Mishra,Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Sri Dharmendra Kumar, Advocate has put in appearance on behalf of the informant and has filed a short counter affidavit, the same is taken on record.

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Heard learned counsel for the applicants, learned counsel for the informant and learned A.G.A. for the State of U.P and perused the material available on record.

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Learned counsel for the applicants has claimed that the F.I.R. has been lodged out of some misunderstanding, which misunderstanding has now been removed and in fact no offence whatsoever has been committed and no criminal breach of trust was ever intended nor caused to anyone. There is nothing on record to say that cheating was committed by the applicants.

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The submission so raised has been virtually accepted by the learned counsel for the informant, Sri Dharmendra Kumar and has also stated so in the short counter affidavit and he claims that now the dispute has been settled and he has no objection, if the applicants are admitted to bail.

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

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Considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let the applicant - Hafiz Rais and Rasid involved in Case Crime No. 515 of 2018, under Sections - 420, 406, 504 I.P.C., Police Station - Tanda, District - Rampur be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 8.1.2019

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S Rawat

Hafiz Rais and Another v. State of U.P.

Case brief

What is this about?

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Hafiz Rais and Another v. State of U.P.

Case brief

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What did the court decide?

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