Allowed

Shanu @ Nazim v. State of U.P.

Allahabad HC20 Feb 2019BAIL/7128/2019

Case brief

AI extract

What is this about?

An ILP bail applicant charged with forgery, cheating, and alleged contravention of the IT Act and Passport Act was admitted to bail on a personal bond with two sureties, based on a prima facie reasonable apprehension of witness tampering.

What did the court decide?

The applicant was ordered to be released on bail subject to executing a personal bond and furnishing two sureties each in the like amount.

Shanu @ Nazim 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. - 7128 of 2019

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Applicant :- Shanu @ Nazim Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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

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Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The applicant was not caught on the spot. The name of the applicant has surfaced in the confessional statement of the co- accused. Under the similar circumstances co- accused have been admitted to bail by this Court, copy whereof have been annexed as Annexure No.4 to the affidavit filed in support of this bail application. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery is denied. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 04.01.2019 in the present case.

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The learned A.G.A. has vehemently opposed the prayer.

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Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.

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Let the applicant- Shanu @ Nazim- involved in case crime no.185 of 2018, under Sections 420, 467, 468, 471 IPC and 66 Information Technology Act, 3/12 Passport Act and 14 (A.B.) Foreign Act, Police Station Bisauli, district Budaun 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.

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Order Date :- 20.2.2019/Raj

Shanu @ Nazim v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shanu @ Nazim v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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