Allowed

Aslam Khan @ Aslam Sadiq Rana v. State of U.P.

Allahabad HC25 Jan 2021BAIL/344/2020

Case brief

AI extract

What is this about?

This bail application was granted to the applicant involved in cheating and forgery cases. The High Court ruled that the applicant is entitled to bail upon furnishing a personal bond and local sureties, contingent on specific conditions like evidence preservation and trial attendance. The court did not express an opinion on the merits of the case. The applicant must deposit the alleged amount with

What did the court decide?

Release on bail by furnishing a personal bond and two local sureties. Applicant must deposit Rs.3,00,000 within two months.

Aslam Khan @ Aslam Sadiq Rana 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. - 344 of 2020

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Applicant :- Aslam Khan @ Aslam Sadiq Rana Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Kumar Mishra,Radhey Shyam Counsel for Opposite Party :- G.A.

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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 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.371 of 2017, under Sections 406, 409, 420, 467, 468, 323, 506 I.P.C. & 66-D IT Act, Police Station Cantt, District Bareilly.

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Learned counsel for the applicant submits that according to the F.I.R. the informant paid Rs.3,00,000/- through account and Rs.5,00,000/- in cash but the goods were not supplied by the applicant. He further submits that Rs.3,00,000/-, which is alleged to have been transferred to the applicant and he is ready to deposit the same. He further submits that the matter is wholly of civil in nature and he has falsely been implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 18.03.2019.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that the informant had paid Rs.3,00,000/- and Rs.5,00,000/- in cash as well as in the starting Rs.50,00,000/- as security was also given to the applicant but the goods were not supplied by the applicant. He further submits that there is criminal history of three cases.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, readiness of applicant for deposition of Rs.3,00,000/- before the trial court within a period of two months from the date of release and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Aslam Khan @ Aslam Sadiq Rana involved in aforesaid case crime be released on

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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 shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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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 in such proclamation, 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 :- 25.1.2021 Zafar

Aslam Khan @ Aslam Sadiq Rana v. State of U.P.

Case brief

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Aslam Khan @ Aslam Sadiq Rana v. State of U.P.

Case brief

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