This is a bail application in a criminal case involving allegations of money misappropriation. The High Court Court allowed bail, citing the pandemic situation and Supreme Court precedents.
The applicant is released on bail subject to furnishing a personal bond and two sureties, with the sureties to be verified after courts resume normal functioning.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7321 of 2020
Applicant :- Naseem Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Keshari Nath Tripathi, counsel for the applicant and learned A.G.A for the State.
The allegation in the FIR is that the applicant along with co-accused persons had indulged in collection of money for the purpose of investment from number of investors in his company. There is allegation that money taken by the investors have been misappropriated by accused persons. The applicant has entered into an agreement with the informant promising him return of money. There is no mention of any company in the aforesaid agreement.
Counsel for the applicant has submitted that the applicant never executed any such agreement with any borrower. The agreement has been concocted on a notarial affidavit. He has been falsely implicated in this case. The offence is triable by Magistrate. The applicant is in jail since 28.10.2017 and has criminal history of 17 cases of similar nature and has been enlarged on bail in three cases.
Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.
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.
Let the applicant- Naseem Ahmad, in Case Crime No. 1432 of 2017, under Sections- 420, 406 IPC,Police Station- Majhola, District- Moradabad, 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 13.10.2020 SS
1 issue framed by the court
Whether the applicant has made out a prima facie case for bail under the circumstances of the spread of the novel coronavirus and the nature of the charges.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
Naseem Ahmad
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
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