Allowed

Ashar v. State of U.P.

Allahabad HC24 Jun 2020BAIL/16761/2020

Case brief

AI extract

What is this about?

This single judge order grants bail to Ashar in a criminal case involving cheating and forgery. The court imposed conditions regarding witness tampering, court attendance, and procedural defaults under relevant Penal Code and CrPC provisions.

What did the court decide?

Released on bail with personal bond and two local sureties subject to conditions regarding attendance, evidence, and witness protection.

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

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16761 of 2020

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Applicant :- Ashar Opposite Party :- State of U.P. Counsel for Applicant :- Ravendra Pratap Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,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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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.115 of 2020, under Sections 419, 420, 467, 468, 471, 411, 413 and 414 I.P.C., Police Station Meja, District Prayagraj.

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Learned counsel for the applicant submits that according to the prosecution version on 17.02.2020, on the information of an informer applicant and another accused were arrested and from the possession of the applicant Rs.4500/-, 10 ATM Cards of different banks were recovered. It is further submitted that applicant is falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is criminal history of two cases apart from the present case, which has been explained in Paragraph- 11 of the affidavit. Applicant is languishing in jail since 17.02.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that the applicant has criminal history of one case, which is similar in nature to the present one.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Ashar involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not

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pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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

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Order Date :- 24.6.2020 Israr

Ashar v. State of U.P.

Case brief

What is this about?

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Ashar v. State of U.P.

Case brief

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