Allowed

Naushad Sheikh v. State of U.P. Thru. Secy. Home Lko.

Allahabad HC24 Nov 2022/5375/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 5375 of 2022, the Allahabad High Court granted bail to Naushad Sheikh tried under offences including cheating and forging documents. The Court noted parity with co-accused already on bail. Bail granted on personal bond and sureties with strict undertakings regarding witness tampering and court attendance.

What did the court decide?

Released on bail on furnishing personal bond and two sureties each in the like amount, subject to conditions regarding witness tampering, court attendance, and bail motor

Naushad Sheikh Vs State of U.P. Thru. Secy. Home Lko. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5375 of 2022

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Applicant :- Naushad Sheikh Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Vikas Vikram Singh,Syed Mehfuzur Rehman

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Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Aniruddh Kumar Singh-I, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No.3 of 2022, under Section 419, 420, 467, 468, 471, 489-D I.P.C., P.S. Aliganj, District Ambedkar Nagar.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. The applicant is not involved in committing the offence and police has planted him in the instant matter. There is no specific allegation against the applicant. A mobile phone is said to have been recovered from his possession. Identically situated co-accused Sarfaraz, Lal Bahadur Yadav @ Lal Bahadur and Lalman Yadav have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 4464 of 2022, 4478 of 2022 and 4568 of 2022, vide orders dated 31.10.2022, 4.11.2022 and 4.11.2022 respectively. The applicant is seeking parity of the orders aforesaid. There is no criminal history of the applicant, which has been explained in para 21 of the bail application. The applicant is a law abiding citizen, who is languishing in jail since 4.1.2022. In case, the applicant is granted bail, he will not misuse the liberty and will co-operate in the trial proceedings.

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Per contra, learned A.G.A. vehemently opposed the prayer of bail but could not dispute the fact that identically situated coaccused have already been enlarged on bail by this Court.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the

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Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant Naushad Sheikh involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He 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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(3) 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.; and

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(4) 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, 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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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 24.11.2022 Ram Murti

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Digitally signed by RAM MURTI YADAV Date: 2022.11.25 09:31:32 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Naushad Sheikh v. State of U.P. Thru. Secy. Home Lko.

Case brief

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Naushad Sheikh v. State of U.P. Thru. Secy. Home Lko.

Case brief

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