Allowed

Aas Mohammad v. State of U.P.

Allahabad HC7 Jul 2022BAIL/1020/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed a bail application for an accused charged with forgery and cheating (IPC Sections 420, 467, 468, 471). The applicant was incarcerated since November 2021 with no prior criminal history, though no money was withdrawn. The court relied on statutory conditions precedent to bail.

What did the court decide?

Release on bail furnished by a personal bond and two sureties subject to specific conditions including non-tampering with evidence and appearance in court.

Aas Mohammad Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1020 of 2022

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Applicant :- Aas Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh,Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant, Aas Mohammad, with a prayer to release him on bail in Case Crime No. 455 of 2021, under Sections 420,467,468,471 IPC Police Station Nauchandi, District- Meerut, during pendency of trial.

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There is allegation against the applicant that he tried to withdraw Rs. 1,80,000/- after forging the signature of the account holder.He has been implicated by the informant on the basis of the information given by the Bank.No money was withdrawn.The applicant is in jail since 12.11.2021 and has no criminal history.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts. Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant be released on bail on his

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furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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That 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 ofÏcer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.

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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 default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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The concerned Court/Authority/OfÏcial shall verify the authenticity of such computerized copy

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of the order from the ofÏcial website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 7.7.2022 Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.07.08 11:09:08 IST Reason: Location: High Court of Judicature at Allahabad

Aas Mohammad v. State of U.P.

Case brief

What is this about?

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Aas Mohammad v. State of U.P.

Case brief

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