Allowed

Mohammad Ibrahim v. State of U.P.

Allahabad HC28 Jan 2021BAIL/38306/2020

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a cheating case. The court granted bail subject to furnishing a personal bond and two sureties, along with specific conditions regarding the return of money, cooperation with the trial, and personal attendance.

What did the court decide?

Released on bail on furnishing a personal bond and two local sureties, subject to conditions regarding money return and trial attendance.

Mohammad Ibrahim 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. - 38306 of 2020

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Applicant :- Mohammad Ibrahim Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Shukla 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. 132 of 2020, under Section 406, 420, 506 IPC, P.S. Sadar Bazar, District Agra.

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Learned counsel for the applicant submits that as per FIR, applicant took Rs. 34.00 lakhs in cash and Rs.8.00 lakhs through account for employment in Army/Defence. He further submits that the applicant has a poultry form and there was a business transaction between informant and applicant and in his account money has been transferred due to business transaction. He also submits that bank statement since 01.01.2019 to 21.07.2020 is annexed with the application, according to which, informant transferred Rs.6,10,672/-in the account of the applicant. He next submits that he is ready to deposit the amount transferred in the account before the trial court. He further 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 23.08.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that the applicant took Rs.34.00 lakhs cash and through account Rs.6,10,672/-for providing employment, therefore, he is not entitled for bail.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, readiness of the applicant to deposit the amount, which has been transferred in his account, before the trial court and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Mohammad Ibrahim involved in aforesaid case

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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 undertakes that before release on bail he will return Rs.3,00,000/- and balance amount will be returned after release on bail within month.

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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 result of the amount deposited by the applicant will be subject to the disposal of the trial.

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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

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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 of cancellation of bail.

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Order Date :- 28.1.2021 MAA/-

Mohammad Ibrahim v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohammad Ibrahim v. State of U.P.

Case brief

What is this about?

What did the court decide?

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