Allowed

Mohd. Saleem v. State of U.P.

Allahabad HC7 Jan 2021BAIL/14642/2020

Case brief

AI extract

What is this about?

This bail order grants bail to Mohd. Saleem accused of cheating and forgery in a will-deed case. The court imposed specific conditions regarding non-tampering with evidence, avoiding adjournments, appearance for recording statements, and adherence to proclamation if issued.

What did the court decide?

Released on bail on personal bond and two local sureties subject to conditions of non-tampering, presence for trial stages, and no adjournments during evidence.

Mohd. Saleem Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14642 of 2020

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Applicant :- Mohd. Saleem Opposite Party :- State of U.P. Counsel for Applicant :- Pashali Slolanki,A.K. Singh Solanki,Abrar Ahmad Siddiqui

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Counsel for Opposite Party :- G.A.,Mujeeb Khan,Vineet Vikram

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.572 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Soraon, District Allahabad.

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It is submitted by learned counsel for the applicant that according to the prosecution version on 22.8.2015 a will-deed was executed by Sabi Akhtar impersonating Babu in favour of informant in which co-accused Mohd. Bilal and Maqsood Ahmad were the marginal witnesses. He further submits that co-accused Sabi Akhtar and Maqsood Ahmad have already been granted bail by other Benches of this Court in Criminal Misc. Bail Application Nos.10085 of 2020 and 34248 of 2019, vide orders dated 4.5.2020 and 2.12.2020 respectively. Applicant's case is at par with coaccused released on bail. The applicant, having no criminal antecedent, is languishing in jail since 26.7.2018.

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Per contra, learned A.G.A. has opposed the bail, but does not dispute the factual aspects of the matter.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Mohd. Saleem involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.

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(ii) 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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(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, 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 liberty of bail and proceed against him in accordance with law.

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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. 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 :- 7.1.2021

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m.a.

Mohd. Saleem v. State of U.P.

Case brief

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Mohd. Saleem v. State of U.P.

Case brief

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