Allowed

Nafees Ahmad v. State of U.P.

Allahabad HC19 Jan 2022/7301/2021

Case brief

AI extract

What is this about?

This is a bail application where the applicant, accused of forgery and cheating, sought release. The court, noting the charge-sheet filing, the nature of the offence, lack of prior history, and the delay in registration of the FIR, found the applicant fit for bail. The application was allowed subject to specific conditions and a personal bond with sureties.

What did the court decide?

Bail allowed on furnishing a personal bond and two sureties subject to specific conditions regarding tampering with evidence, intimidating witnesses, seeking adjournments, and presence in court.

Nafees Ahmad Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7301 of 2021

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Applicant :- Nafees Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Ratnesh Trivedi,Amit Kishore Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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The prosecution story as alleged in the first information report is that by impersonating a seller, photograph of some unknown person was affixed and a sale deed has been executed in favour of the present applicant.

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Learned counsel for the applicant submits that the first information report has been lodged after a delay of 3 1/2 months. The person whose photograph has been allegedly affixed on the sale-deed has not been arrested till date. The applicant has no previous criminal history. The applicant is in jail since 12.8.2020.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, including the fact that charge-sheet has been filed, offence is triable by Magistrate, the applicant has no criminal history, arguments advanced by learned counsel for the parties, the applicant is in jail since 12.8.2020, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed.

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Let the applicant Nafees Ahmad, involved in Case Crime No.644/2019 under sections 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali Sadar, district Lakhimpur Kheri, 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) 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. 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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(v) 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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(vi) 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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Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case.

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Order Date :- 19.1.2022 kkb/

Nafees Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nafees Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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