Allowed

Kalbe Haider v. State of U.P.

Allahabad HC3 Sept 2020BAIL/280/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Kalbe Haider, in a case under Sections 420, 467, 468, 471 IPC. The court cited Dataram Singh and imposed specific conditions, including furnishing a personal bond and addressing limitations due to pandemic-related court functioning.

What did the court decide?

Grant of bail on personal bond and two sureties, subject to specific conditions regarding conduct and COVID-19 restrictions.

Kalbe Haider 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. - 280 of 2020

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Applicant :- Kalbe Haider Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Tiwari,Jagdish Prasad Mishra,Mohd. Wasim Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Rejoinder affidavit filed today is taken on record.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Kalbe Haider, with a prayer to release him on bail in Case Crime No. 637 of 2019, under Sections 420, 467, 468, 471 IPC, Police Station Civil Lines, District- Muzaffar Nagar during pendency of trial.

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Allegation against the applicant is that he was found with number of identity proofs of different persons and number of stamp papers were also recovered from him.

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Learned counsel for the applicant has submitted that applicant is employed as clerk in the kutchery, Muzaffar Nagar. The police has shown false recovery from him. Statements of owners of seized Aadhar cards were not recorded by the Investigating Officer. Applicant has no criminal history. He is a senior citizen and is in jail since 15.11.2019.

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Learned AGA has opposed the prayer for bail of the applicant.

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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 :-

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The applicant shall not tamper with the prosecution evidence 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.

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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 :- 3.9.2020 SS

Kalbe Haider v. State of U.P.

Case brief

What is this about?

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Kalbe Haider v. State of U.P.

Case brief

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