The High Court allowed bail to the applicant involved in cheating and theft allegations, imposing conditions to cooperate in the trial and prohibiting tampering with evidence or re-offending.
Applicant enlarged on bail on executing a personal bond and two sureties, subject to strict conditions regarding attendance and cooperation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45405 of 2020
Applicant :- Arif @ Kalwa Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that after being arrested, the applicant was implicated in six cases out of which in four cases he was granted bail, copies of three bail orders have been annexed in the affidavit filed in support of bail application and one bail order has been produced in the Court. Alleged recovery of Rs. 6,000/- is frivolous. Applicant has no criminal history and he is in jail since 14.8.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Arif @ Kalwa involved in Case Crime No. 111 of 2020, under Sections- 380, 457, 411 I.P.C., Police Station- Babri, District Shamli, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.1.2021 Rmk.
Digitally signed by Justice Neeraj Tiwari Date: 2021.01.07 17:16:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be enlarged on bail given false implication and lack of criminal history.
Arif @ Kalwa
Neeraj Tiwari
As recorded by the court registry
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