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

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

What the court decided

AI extract

Outcome

Release on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with prosecution evidence or pressurising witnesses, sincere cooperation in trial without adjournments, no criminal activity, deferral where short-term bail under the Supreme Court-committee scheme is availed, computer-generated copy verification); until normal functioning of courts is restored, enlargement on execution of personal bond without sureties, with sureties to be furnished within a month after normal functioning resumes.

Issue for consideration

Whether the applicant Sharukh, in custody since 19.5.2019 in Case Crime No.190/2019 (Sections 420, 413 and 414 IPC, P.S. Kotwali Nagar, District Aligarh), is entitled to release on bail during pendency of trial on the ground of parity with co-accused Faimuddin, who has already been granted bail.

Court's answer

Bail granted: the applicant was ordered to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to specified conditions.

Ratio / Principle

The grant rested on parity with co-accused Faimuddin (granted bail by this Court on 10.12.2019 in Criminal Misc. Bail Application No.29535 of 2019); the learned AGA opposed the prayer for bail but did not dispute the claim of parity.

Key takeaways

Breach of any of the imposed bail conditions shall be a ground for cancellation of bail.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Siddharth, J.; order dated 9.9.2020) allowed the bail application of Sharukh, languishing in jail since 19.5.2019 in Session Trial No. 411 of 2019 (Case Crime No.190/2019) under Sections 420, 413 and 414 IPC, P.S. Kotwali Nagar, District Aligarh. Bail was granted on parity with co-accused Faimuddin, who had been granted bail by the Court on 10.12.2019 in Criminal Misc. Bail Application No.29535 of 2019; the learned AGA opposed the prayer but did not dispute the claim of parity. Release was ordered on a personal bond and two sureties each in the like amount, subject to conditions including abstention from tampering with prosecution evidence or pressurising witnesses, sincere cooperation in trial without seeking adjournments, and no indulgence in criminal activity; breach of any condition was made a ground for cancellation of bail. Until normal functioning of courts is restored, enlargement was permitted on execution of personal bond without sureties, with sureties to be furnished within a month of resumption; where short-term bail under the committee constituted per Supreme Court orders had been availed, the bail takes effect after that period ends.

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7388 of 2020

Applicant :- Sharukh Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shanker Pathak Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

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

The instant bail application has been filed on behalf of the applicant, Sharukh, with a prayer to release him on bail in Session Trial No. 411 of 2019, Case Crime No.190/2019, under Sections 420, 413 and 414 IPC, P.S. Kotwali Nagar, District - Aligarh, during pendency of trial.

Learned counsel for the applicant has contended that the co-accused, Faimuddin, has been granted bail by this Court on 10.12.2019 in Criminal Misc. Bail Application No.29535 of 2019. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 19.5.2019.

Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.

Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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.

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.

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

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.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 9.9.2020 Ruchi Agrahari