The High Court of Allahabad granted bail to the applicant Tufail Khan, who was accused of cheating and criminal breach of trust. The court noted false implication and lack of recovery from the applicant's possession.
Released on bail on executing a personal bond and two sureties.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31631 of 2021
Applicant :- Tufail Khan Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Kumar Yadav,Abhay Nitin Singh
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Learned A.G.A. filed counter affidavit in Court today, is taken on record.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. He is innocent and has no previous criminal antecedent. The alleged recovery of Rs.10,85,000/- was made by the pointing out of the co-accused Alisher. It is further submitted that applicant did not commit any offence as alleged and nothing has been recovered from his possession. Learned counsel for the applicant further submits that co-accused Pappu has been granted bail by this Court vide order dated 27.09.2021 passed in Crl. Misc. Bail Application No. 33611 of 2021, thus the applicant herein is also entitled for bail. He is languishing in jail since 15.02.2021. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram
Singh v. State of U.P. and another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Tufail Khan involved in Case Crime No. 672 of 2020, under Sections 420, 406 I.P.C., Police Station Sindhauli, District Shahjahanpur be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 4.10.2021 Rahul.
1 issue framed by the court
Whether the applicant Tufail Khan is entitled to be released on bail in the case involving false implication and recovery of money by pointing out of co-accused.
Tufail Khan
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
