Single judge allowed bail to the applicant accused of online fraud involving cheque bounce and cyber offences. Bail granted on personal and surety bonds with conditions regarding presence in court and non-tampering of evidence.
Released on bail by furnishing personal bond and two sureties in the like amount, subject to verification of identities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27127 of 2022
Applicant :- Sahid Hasimi Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
There is allegation of on-line fraud in the first information report. Applicant was not named in the first information report.
Learned counsel for the applicant submits that Rs.1160/- has only been recovered from the applicant, which is belonged to him. Applicant is in jail since 20.01.2022 and has criminal history of five cases explained in affidavit filed in support of bail application. Co-accused, Sumit Sharma, has already been granted bail.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
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.
Let the applicant, Sahid Hasimi, involved in Case Crime No.66 of 2021, under Section 406, 420, 417, 411 IPC and section 66C, 66D of Information Technology Act, Police Station Kuthaund, District- Jalaun 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.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(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 for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(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.
(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.
(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.
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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.7.2022 SS
Digitally signed by SURENDAR SINGH NARANG Date: 2022.07.07 18:08:08 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant satisfies the requirements for release on bail in a cheating and fraud case.
Whether the applicant has made out a prima facie case for bail despite criminal history.
9 provisions across 3 enactments
Sahid Hasimi
State of U.P.
Siddharth
Surendar Singh Narang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
