Allowed

Isrial @ Nafees Ahmad v. State of U.P.

Allahabad HC15 Apr 2020BAIL/45802/2019

Case brief

AI extract

What is this about?

In a bail application, the single judge allowed the accused's bail in a cheating/forgery case. The court granted release based on a personal bond and two sureties, referencing PLI guidelines allowing temporary release without sureties due to the pandemic.

What did the court decide?

Release on bail on personal bond and two sureties, with sureties to be furnished within one month as per PIL guidelines.

Isrial @ Nafees Ahmad Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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In Chamber

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45802 of 2019

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Applicant :- Isrial @ Nafees Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Shamim Khan,Mohd.Sartaz Ahmad Siddiqui

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Counsel for Opposite Party :- G.A.,Manvendra Singh

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Hon'ble Siddhartha Varma,J.

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This is an application for bail moved on behalf of the applicant, Isrial @ Nafees Ahmad, who is involved in Case Crime No.226 of 2017, under Sections 419, 420, 467, 468 and 471 of I.P.C., Police Station- Manjhanpur, District- Kaushambi.

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It has been averred that the applicant is innocent and has been falsely implicated. It is further averred that the offence which has been alleged to have taken place some time in the year 2016, for which an order was passed by the Collector to lodge an FIR on 27.10.2016 has been lodged on 8.4.2017. It has been further averred that the petitioner has no other criminal history and is in jail since 7.9.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses. It has been also evident stated that the Collector had initiated proceedings for cancellation of the Pattas etc.

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Though the bail has been opposed by the learned AGA and Sri Manvendra Singh it has not been denied that the applicant has no criminal history. Counter affidavit has also not been filed by the State.

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Upon perusing the record and upon considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant, Isrial @ Nafees Ahmad, who is involved in Case Crime No. 226 of 2017, under Sections 419, 420, 467, 468 and 471 of I.P.C., Police Station- Manjhanpur, District- Kaushambi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate / Court concerned, subject to the following conditions:

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(i) The applicant will not tamper with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activity.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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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 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 view of the extraordinary situation prevailing in the State due to Covid19, the directions of this Court dated 6.4.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.), shall also be complied with.

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The order dated 6.4.2020 reads as under:

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" Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 15.4.2020 vkj

Isrial @ Nafees Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Isrial @ Nafees Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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