Allowed

Sabir Ali v. State of U.P.

Allahabad HC8 Jun 2022BAIL/18811/2022

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the Allahabad High Court allowed the applicant to be released on bail in Case Crime No. 0135 of 2022 under various IPC offences, noting his lack of criminal history and the absence of direct prosecutive evidence linking him to the offence.

What did the court decide?

Release on bail furnishing a personal bond and two sureties in like amount to the court below, subject to specific conditions.

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

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18811 of 2022

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Applicant :- Sabir Ali Opposite Party :- State of U.P. Counsel for Applicant :- Akash Deep Srivastava,Parvez Alam Counsel for Opposite Party :- G.A.,Amit Shukla

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.0135 of 2022 at Police Station Jagdishpura District Agra under Sections 420, 467, 468, 471,120-B IPC. The applicant is in jail since16.03.2022.

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The bail application of the applicant was rejected by learned Sessions Judge, Agra on 21.04.2022.

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Shri Kandharb Srivastava, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is the brother of the principal offender Raju Ud Deen who runs a furniture shop under the name of Shakeel Furniture. Shakeel Furniture had an understanding with Bajaj Finance. Offending transactions were processed in the presence of officials of Bajaj Finance as well as of the principal offender Raju Ud Deen. The applicant did not have the privity of contract with the Bajaj Finance and was in no manner involved in processing or finalizing the loan application of the victims. The applicant has been roped into the case as he happens to be the brother of the principal offender Raju Ud Deen. Prosecution evidence does not connect the applicant

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with the offence. The case of the applicant is distinguishable from the principal offender as well as the officials of Bajaj Finance. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.

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Shri Amit Shukla, learned counsel for the informant and Shri Rishi Chaddha, learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Sabir Ali be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be 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 influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 8.6.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.06.09 10:54:09 IST Reason: Location: High Court of Judicature at Allahabad

Sabir Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sabir Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

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