The Single Judge allowed a bail application filed by an accused in a cheating case pending trial. The court observed that the allegations appeared civil in nature and the applicant had made out a case for bail, granting release subject to furnishing a bond and two sureties.
Bail granted on furnishing a personal bond and two sureties in like amount.
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. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30481 of 2022
Applicant :- Saida Begum Opposite Party :- State of U.P. Counsel for Applicant :- Shahabuddin,Atul Kumar,Haya Rizvi,Ram Kumar Pandey Counsel for Opposite Party :- G.A.,Mohd. Wasim
Hon'ble Deepak Verma,J.
Heard Sri Ram Kumar Pandey, learned counsel for the applicant, Mohd. Wasim, learned counsel for the informant, Sri Manoj Kumar Dwivedi, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 720 of 2020, registered under Sections 420, 406, 323, 506 I.P.C., Police Station Kotwali Nagar, District Muzaffarnagar during pendency of the trial.
As per FIR version, applicant and co-accused persons have fraudulently taken Rs.25,50,000/- in regard to sale of house and shop but the applicant and co-accused persons have been executed registry in his favour.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation in the FIR is purely civil in nature and civil suit is pending between the parties. Applicant has no concern with the present case. The applicant is languishing in jail since 09.06.2022. In case, the applicant is released on bail, she will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. as well as informant's counsel have vehemently opposed the bail prayer of the applicant and submitted that earlier applicant has not followed the agreement, hence, she should not be enlarged on bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for
bail. The bail application is allowed.
Let the applicant, Saida Begum, who is involved in the aforesaid case crime, be released on bail on her 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 14.12.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.12.15 17:06:56 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant has made out a prima facie case for bail in a cheating matter pending trial.
Whether the civil nature of the dispute affecting the pending civil suit precludes granting criminal bail.
Whether the applicant's averment of false implication and lack of anger intensity justifies bail release.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶10
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Saida Begum
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
