Allowed

Parvez Alam v. State of U.P.

Allahabad HC4 Feb 2021BAIL/36084/2020

Case brief

AI extract

What is this about?

The court allowed bail to the applicant in a cheating and misappropriation case, subject to the return of misappropriated money, filing of undertakings against tampering, and presence at specific trial stages.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two local sureties subject to returning Rs.1,39,000/- and complying with specific trial conditions.

Parvez Alam 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. - 36084 of 2020

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Applicant :- Parvez Alam Opposite Party :- State of U.P. Counsel for Applicant :- Imran Mabood Khan,Somya Chaturvedi Counsel for Opposite Party :- G.A.,Sikandar Khan,Sunil Kumar

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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 as well as learned counsel for the informant 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.228 of 2020, under Section 420, 409 IPC, P.S.Shikarpur, District Bulandshahar.

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Learned counsel for the applicant submits that according to FIR, Rs.4,80,000/- were misappropriated by the applicant. He further submits that scholarship of the students and 07 Bighas land was not auctioned. He also submits that the offence is triable by magistrate Ist class. He next submits that he has filed the details of the account through supplementary affidavit. He next submits that 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 and the applicant is languishing in jail since 19.08.2020.

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Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the bail prayer of the applicant by submitting that applicant from the scholars received the fee but did not maintain the account for it nor deposited the amount in any Bank and there is no personal animus of the applicant with the informant. They further submit details of account for the year 2017 has not been given and details of account for the year 2018 and 2019 has been given in which Rs.3,41,000/- has been shown.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of the offence, readiness of the applicant to return Rs. 1,39,000/- and perusing the material on record, without

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expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Parvez Alam involved in 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 be released subject to return of Rs.1,39,000/- to the informant.

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(ii) 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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(iii) 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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(iv) 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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(v) 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

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declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.

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Order Date :- 4.2.2021 MAA/-

Parvez Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Parvez Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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