Allowed

Mohammad Sadiq Alam v. State of U.P.

Allahabad HC22 Oct 2020BAIL/22531/2020

Case brief

AI extract

What is this about?

This court allowed a bail application for Mohammad Sadiq Alam in a case involving index crime 731 of 2018. The applicant was implicated via co-accused confession. The court granted bail subject to conditions including bond execution and no tampering with witnesses.

What did the court decide?

Release on bail via personal bond and two sureties upon verification, subject to specified conditions such as no tampering with witnesses.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22531 of 2020

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Applicant :- Mohammad Sadiq Alam Opposite Party :- State of U.P. Counsel for Applicant :- Sadaful Islam Jafri,Khalid Mahmood,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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

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There is allegation in the First Information Report regarding fraudulent distribution of commodity to the ineligible candidates.Applicant was not named in the First Information Report. He has been subsequently implicated on the basis of confessional statement of co-accused Mohammad Julfikar, who has already been enlarged on bail vide order dated 22.9.2020 in Criminal Misc. Bail Application No.27132 of 2020.The applicant is in jail since 23.6.2020.The criminal history of one case of the applicant has been explained in paragraph-38 of the affidavit filed in support of the bail application.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Mohammad Sadiq Alam, who is involved in Case Crime No. 731 of 2018, under Sections 409, 420, 467, 468,471, 120-B I.P.C,Section 39Da Adhar(Targeted Delivery of Financial and other Subsidy Benefit Services) Act, 2016, Section 66(C) Information Technology Act and section 3/7 of Essential Commodities Act Police Station-Brahampuri , District- Meerut, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence

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by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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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.

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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. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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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.

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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 :- 22.10.2020 Atul kr. sri.

Mohammad Sadiq Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohammad Sadiq Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

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