Single judge allowed bail in a cheating and forgery case. The court found that the FIR allegations did not clearly establish offences of cheating or forgery under IPC. The applicant was to be released on personal bond and two sureties.
Applicant released on bail by furnishing a personal bond and two reliable sureties of the like amount.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21213 of 2022
Applicant :- Shahzaman @ Naiyar Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Vikas Tiwari, the learned counsel for the applicant, Sri S.S. Tiwari, the learned A.G.A. for the State and perused the record.
2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 255 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Bardah, District Azamgarh.
3.The aforesaid case has been registered on the basis of an F.I.R. lodged by the Station House Officer alleging that the applicant had got issued his PAN card by showing his address as 529-KA/179, Khurram Nagar, Lucknow and he has submitted his income tax return since the year 2014-15 to the year 2020-21 on the aforesaid address, whereas the Tax Superintendent, Zone-VII, Nagar Nigam, Lucknow has sent a letter dated 26-11-2021 informing that the aforesaid house entered in the revenue record of Nagar Nigam in the name of one Taiyabba Farooqui son of Mohd. Ibrahim.
4.In the affidavit filed in support of the bail application it has been stated that the applicant had resided on the aforesaid period as a tenant and while the applicant was residing in the said house as a tenant, he had got a PAN card issued mentioning the aforesaid address.
5.The learned counsel for the applicant has submitted that the sole allegation against the applicant is that the address which was mentioned by the applicant for obtaining his PAN card has been found to be belonging to some other persons. He has submitted that the allegations contained in the F.I.R. do not make out any offence of cheating as there is no allegation against the applicant having deceived any person to make him deliver any property or to induce him to do so. Moreover, the allegations do not make out any offence of forgery so as to attract the provisions of Sections 467, 468, and 471 I.P.C
6.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been
falsely implicated in the case, he is having no previous criminal history and he is in jail since 19-04-2021. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
7.The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.
8.Having regards to the contents of the F.I.R., Prima facie it appears that the allegation contained in the F.I.R. do not make out any offence of cheating or forgery so as to attract the provisions of Sections 467, 468, and 471 I.P.C., therefore, I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.
9.Let the applicant - Shahzaman @ Naiyar be released on bail in Case Crime No. 255 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Bardah, District Azamgarh on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(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.
10.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 8.8.2022
pks
Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.08.16 10:14:46 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the allegations in the FIR regarding PAN card address disclosure constitute offences of cheating and forgery attracting Sections 419, 420, 467, 468, and 471 IPC.
Whether the applicant is entitled to bail pending trial given the nature of allegations and lack ofltrevious criminal history.
Whether the bail conditions regarding tampering with evidence and influencing witnesses are appropriate.
1 provisions across 1 enactments
Shahzaman @ Naiyar
Subhash Vidyarthi
Pankaj Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
