In a bail application regarding cheating and forgery charges, the High Court granted bail after noting the delay in the FIR and co-accused remission, referring to Dataram Singh while emphasizing the seriousness of the charge.
The applicant was released on bail on furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10422 of 2022
Applicant :- Abdul Rafik Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.
The accused applicant, Abdul Rafik is involved in Case Crime No. 0003 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C. registered at Police Station Ram Nagar, District Varanasi.
It is argued by the learned counsel for the applicant that he is the owner of the property. He has filed a Civil Suit regarding the same and the father of the informant is also a party with him in the Civil Suit. The co-accused who are attributed the role of selling the property have been granted bail. The first information report is highly belated . The incident is of the year 2016 and the first information report has been lodged in the year 2021. The will has still not been challenged. He is neither seller nor purchaser nor beneficiary. He is languishing in jail since 25.01.2022, hence, the prayer for bail is made.
Per contra, the bail application has been opposed by the learned A.G.A. It is argued that it is true that the seller has been granted bail but the present accused is attributed the role of misappropriating the property on the basis of will.
There is no dispute regarding the fact that Shakura Begum, who is said to have executed the will, is the mother of the present accused and the will has not been challenged. The person who has executed the sale deed has been granted bail. The applicant is languishing in jail since 25.01.2022.
Having heard the submissions of learned counsel for the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing
any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant - Abdul Rafik, who is involved in aforesaid 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 subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned.
It is clarified that the observations, if any, 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 ultimate merits of the case.
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.
Order Date :- 5.4.2022 gp
Digitally signed by GANESH PRAKASH Date: 2022.04.06 10:20:54 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant satisfies the requirements for grant of bail in a cheating and forgery case.
Whether the delay in lodging the First Information Report is a relevant factor for granting bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P.Referred¶10
(2018) 2 SCC 22 · Who else cites this
Abdul Rafik
State of U.P.
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
