Allowed

Shakeel Khan v. State of U.P.

Allahabad HC6 Dec 2022BAIL/33442/2022

Case brief

AI extract

What is this about?

In a criminal bail application filed for offenses including forgery and cheating, the High Court examined the allegations of false implication and the civil nature of the dispute. The court considered the appellant's contentions and cited relevant Supreme Court precedent. It directed the court below to admit the applicant to bail subject to a personal bond and two sureties, and imposed strict cond

What did the court decide?

The applicant, Shakeel Khan, ordered to be released on bail on furnishing a personal bond and two sureties subject to standard conditions of conduct and cooperation in trial.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33442 of 2022

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Applicant :- Shakeel Khan Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Sagar,Ambreen Masroor,Sr. Advocate Counsel for Opposite Party :- G.A.,Ashok Kumar Dubey

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Hon'ble Deepak Verma,J.

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List has been revised. No one is present on behalf of the informant.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 82 of 2022, registered under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Gyanpur, District Bhadohi during pendency of the trial.

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It is alleged in the F.I.R. that applicant and co-accused persons while filing Civil Misc. Writ Petition No. 26966 of 2001, annexed two forged papers in the writ petition.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submitted that all the allegation in the F.I.R. is against the co-accused Akram. It is purely civil in nature dispute and an application under Section 340 Cr.P.C. was filed, in which court has not taken any cognizance. Informant is relative of the applicant and civil suit is pending. The applicant is languishing in jail since 20.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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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.

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The bail application is allowed.

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Let the applicant, Shakeel Khan , who is involved in the aforesaid case crime, 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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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 6.12.2022 Sanjeet

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Digitally signed by SANJEET KUMAR YADAV Date: 2022.12.06 16:38:44 IST Reason: Location: High Court of Judicature at Allahabad

Shakeel Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shakeel Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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