Sarmeen v. State of Up.
Case brief
What is this about?
The Court allowed bail in a criminal case involving cheating, forgery, and foreigner act allegations, noting the co-accused was already out on bail and the applicant had been incarcerated since 2018.
What did the court decide?
Granted release on bail on personal bond and two sureties with specific conditions regarding presence in court and undertaking not to seek adjournments.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10323 of 2022
Applicant :- Sarmeen Opposite Party :- State Of Up. Counsel for Applicant :- Ram Bhawan Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard Sri Kartikey Singh, Advocate holding brief of Sri Ram Bhawan, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 0532 of 2018, under Sections 420, 467, 468, 471 IPC and Section 14 of Foreigner Act, 1946, Police Station-Badeo, District Mathura.
Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the present crime. It is submitted that the applicant is in jail since 28.09.2018 and the possibility of conclusion of trial in near future is extremely bleak. The applicant is lady and being so is entitled to the benefit of Section 437 CrPC.
It is further submitted that the applicant is residing in the country since birth. As per contents of the FIR in issue, one mobile phone having two sim cards were recovered from the possession of the applicant. No other document to connect with the present crime was recovered from the possession of the applicant by the prosecution. He also stated that co-accused Haidar Ali from whose possession an Aadhar Card was recovered has already been released on bail by this Court vide order dated 22.09.2020 passed in Criminal Misc. Bail Application No.27588 of 2020. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail.
Issues for consideration
1 issue framed by the court
Whether in the interest of justice bail should be granted to the applicant considering parity with co-accused and duration of incarceration.
Parties & counsel
- applicant
Sarmeen
Coram
Saurabh Lavania
Vinay Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/10323/2022
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