Allowed

Aafaq Alias Nadeem v. State of U.P.

Allahabad HC3 Dec 2020BAIL/42600/2020

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Aafaq Alias Nadeem, who was previously denied bail in a criminal case involving theft and forgery charges. The High Court allowed relief on the furnishing of a personal bond and two sureties.

What did the court decide?

Released on bail on furnishing personal bond and two sureties subject to specific undertakings regarding court attendance and procedure.

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

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42600 of 2020

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Applicant :- Aafaq Alias Nadeem Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ishraque Farooqui Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Mohd. Ishraque Farooqui, learned counsel for the applicant and learned AGA for the State.

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A first information report was lodged against the applicant as Case Crime No. 135 of 2020 at Police Station- Bisanda, District- Banda on 15.08.2020, under Section 379, 411, 419, 420, 467, 471 IPC.

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The bail application of the applicant was rejected by learned Additional Session Judge/ Fast Track Court First, Banda, on 08.10.2020.

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The applicant is in jail since 15.08.2020 pursuant to the said F.I.R.

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Sri Mohd. Ishraque Farooqui, learned counsel contends that there is no independent witness of the recovery. False recovery has been shown from the applicant. The applicant has satisfactorily explained his criminal history. The co-accused in this case has already been granted bail by this Court on 3.11.2020 in Criminal Misc. Bail Application No. 37435 of 2020.

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Learned A.G.A. has opposed the bail application.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is

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allowed.

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Let the applicant- Aafaq Alias Nadeem be released on bail in Case Crime No. 135 of 2020 at Police Station- Bisanda, District- Banda, under Section 379, 411, 419, 420, 467, 471 IPC. registered on 15.08.2020 at Police Station- Bisanda, District- Banda,, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he 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

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liberty of bail and proceed against him in accordance with law.

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

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) 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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Order Date :- 3.12.2020 Nadeem Ahmad

Aafaq Alias Nadeem v. State of U.P.

Case brief

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Aafaq Alias Nadeem v. State of U.P.

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