Allowed

Rahees v. State of U.P.

Allahabad HC2 Dec 2021BAIL/32046/2021

Case brief

AI extract

What is this about?

Single judge court allowed bail to the applicant in a criminal case involving cheating and forgery, granting release on personal bond with two sureties subject to standard conditions regarding evidence tampering and trial conduct.

What did the court decide?

Grant of bail upon furnishing personal bond and two sureties with conditions to not tamper with evidence, cooperate with trial, and avoid criminal activities.

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

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32046 of 2021

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Applicant :- Rahees Opposite Party :- State of U.P. Counsel for Applicant :- Suneel Kumar Mishra,Mohd Saifh,Shujauddin Counsel for Opposite Party :- G.A.

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Hon'ble Anil Kumar Ojha,J.

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

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 116 of 2021 under Sections 420, 467, 468, 471 I.P.C. registered at P.S.Kotwali, District- Rampur.

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Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Police has cooked up the false case against the applicant. There is no public/independent witness to support the prosecution version. There are no criminal antecedents of the applicant. Further submitted that the applicant is languishing in jail since 07.06.2021. Applicant has moved an Application before the concerned Magistrate U/s 156 (3) Cr.P.C. for registration of F.I.R. for theft of Truck No. UP-22AT/4706 but due to lockdown, order of registration of F.I.R. could not be passed.

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Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.

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Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.

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Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant Rahees involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 2.12.2021

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A. Mandhani

Rahees v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rahees v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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