Allowed

Ashiq Ali Rayani v. State of U.P.

Allahabad HC3 Sept 2020BAIL/15141/2020

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the applicant, Ashiq Ali Rayani, involved in a cheating case under IPC Sections 419, 420, 467, 468, 471. Apart from a personal bond and sureties contingent on court functioning, the court directed the trial court to conclude the trial within one year and cited Dataram Singh case.

What did the court decide?

Release on bail on personal bond and two sureties (subject to court functioning) with specific conditions including cooperation and non-tampering.

Ashiq Ali Rayani Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15141 of 2020

¶3

Applicant :- Ashiq Ali Rayani Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Kishor Mishra,Anita Singh,Mustaqeem Ahmad Counsel for Opposite Party :- G.A.,Raees Ahamad,Sanjay Kumar Srivastava

¶4

Hon'ble Siddharth,J.

¶5

Heard Sri Kamal Kishor Mishra and Sri Mustaqeem Ahmad learned counsels for the applicant, Sri Sanjay Kumar Srivastava and Sri Raees Ahamad, learned counsels for the informant and learned AGA for the State.

¶6

The instant bail application has been filed on behalf of the applicant, Ashiq Ali Rayani, with a prayer to release him on bail in Case Crime No. 1149 of 2011, Case No.4262 of 2011, under Sections 419, 420, 467, 468, 471 IPC, Police Station Kothibhar, District- Maharajganj, during pendency of trial.

¶7

Allegation against the applicant is that he was employed as Manager in Madarsa, where he manipulated the record. An inquiry was conducted by one, S.P. Tripathi, Divisional Minority Welfare Officer, Indira Bhawan, Lucknow. He submitted the report to the Deputy Director, Minority Welfare Department and on the basis of the same, FIR has been lodged.

¶8

Learned counsel for the applicant has submitted that as Manager of Madarsa the applicant terminated services of some teachers, who made complaints against him and hence he has been implicated falsely on the basis of exparte inquiry. Charge-sheet has already been filed and there is no possibility of tampering with witnesses. The applicant has no criminal history to his credit and is in jail since 24.2.2020.

¶9

Sri Sanjay Kumar Srivastava, learned counsel for the informant and learned AGA have opposed the prayer for bail of the applicant. Learned counsel for the informant has submitted that applicant took Rs.10 lacs from four teachers and appointed them after interpolation and erasing the record of the Madarsa. He initially approached

¶10

this Court and got the proceedings stayed for 9 years. Thereafter he filed an Application U/S 482 No.39785 of 2011 challenging the charge-sheet, which has been dismissed on 11.6.2020 and the charge-sheet submitted against the applicant has been upheld. Therefore, there is no justification of grant of bail to the applicant at this stage.

¶11

Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

¶12

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶13

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶14

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶15

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

¶16

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

¶17

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶18

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶19

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶20

Keeping in view all the facts of the case, the trial court is directed to conclude the trial in the aforesaid case, within a period of one year, after normal functioning of the court below.

¶21

Order Date :- 3.9.2020 Ruchi Agrahari

Ashiq Ali Rayani v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashiq Ali Rayani v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Avinash Vs State of U.P.

Padam Singh Vs State of U.P.

Dharmendra Yadav Vs State of U.P.

Kalbe Haider Vs State of U.P.

Vishnu Kant Dwivedi Vs State of U.P.

Anis Vs State of U.P.