Allowed

Mohd Arshad v. State of U.P.

Allahabad HC13 Jul 2022BAIL/17970/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminalMisc. Bail Application involving offences of cheating, forgery and corruption. The court allowed bail subject to specific surety requirements and binding conditions regarding attendance, tampering with witnesses, and seeking adjournments.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties subject to conditions regarding attendance, tampering with witnesses, and seeking adjournments.

Mohd Arshad Vs State of U.P. — Corruption | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17970 of 2022

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Applicant :- Mohd Arshad Opposite Party :- State of U.P. Counsel for Applicant :- Rabindra Bahadur Singh,Imran Khan,Mohammad Danish,Narendra Kumar 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. for the State.

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There is allegation that the Nagar Panchayat, Moradabad granted tender in favour of Mahalakshmi Traders which expired in March, 2020. Mahalakshmi Traders had account in Axist Bank. There is further allegation in the first information report that the co-accused, Imran Milki alias Imran Khan, who is son of the Chairman of Nagar Panchayat, Moradabad, opened a fraudulent account in the name of firm namely, Mahalakshmi Traders in the Canara Bank and is operating the aforesaid account by transferring the amount in the name of Mahalakshmi Traders fraudulently in that account and misappropriated the same. .

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Learned counsel for the applicant submits that in the statement of informant no allegation has been made against the applicant. Learned counsel for the applicant has filed a supplementary affidavit wherein it has been stated that account was being operated on the instructions of the father of the complainant, Mubraak Hussain. Applicant alleges false implicated in this case. Co-accused, Iman Milki alias Imran Khan, has already been granted bail in Criminal Misc. Bail Application No.16289 of 2022. The applicant is in jail since 03.03.2021

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On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India 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, Mohd Arshad, involved in Case Crime No.980 of 2021, under Sections 420, 467, 468, 471, 406, and 120B IPC, Police Station Civil Lines, District- Moradabad 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. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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

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for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. 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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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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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(v) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 13.7.2022 SS

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Digitally signed by SURENDAR SINGH NARANG Date: 2022.07.15 10:20:23 IST Reason: Location: High Court of Judicature at Allahabad

Mohd Arshad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohd Arshad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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