Allowed

Sher Ali v. State of U.P.

Allahabad HC16 Sept 2022BAIL/36936/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Sher Ali in a criminal case involving theft, mischief by Documents, and criminal conspiracy. Relying on parity with co-accused already granted bail and citing Dataram Singh, the Court granted bail subject to conditions.

What did the court decide?

Release granted on furnishing a personal bond and two sureties subject to the conditions that the applicant will not tamper with evidence, influence witnesses, or break bail conditions.

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

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36936 of 2022

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Applicant :- Sher Ali Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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

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The present bail application has been filed on behalf of applicant in Case Crime No. 81 of 2022, under Sections 379, 411, 413, 414, 467, 468, 472, 482, 483, 489, 120-B of IPC, Police Station Siddharth Nagar, District Siddharth Nagar with the prayer to enlarge the applicant on bail.

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The contention as raised at the bar by learned counsel for the applicant is that applicant accused has been falsely implicated in the present case. It is submitted that recovery of one country made pistol, Rs.210/- and two mobile phones alleged to be recovered from the possession of the applicant and in total, five accused persons were arrested. It is submitted that out of five accused, four accused persons namely Nizamuddin @ Raju, Chhotey Lal Shah @ Munna, Mohammad Afroz and Mohammad Asif have already been enlarged on bail by this Court vide orders dated 27.07.2022, 03.08.2022 and 04.08.2022 in Criminal Misc. Bail Application Nos.30725 of 2022, 30849 of 2022 and 29678 of 2022 respectively, copies of which have already been annexed to this bail application. He further submits that since the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He submits that applicant has criminal history of four cases which are duly explained in para 5 and 6 to supplementary affidavit. Learned counsel for the applicant lastly submits that the applicant is in jail since 23.04.2022 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused have been granted bail by this Court.

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Considering the submissions made by learned counsel for the

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applicant as well as learned A. G. A. and the fact that identically placed co-accused have already been enlarged on bail and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and Another, (2018) 3 SCC 22, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let the applicant Sher Ali in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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

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(4). The applicant shall not directly or indirectly make any 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 an application before this Court seeking cancellation of the bail.

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Order Date :- 16.9.2022 Mohit

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Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.16 14:19:58 IST Reason: Location: High Court of Judicature at Allahabad

Sher Ali v. State of U.P.

Case brief

What is this about?

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Sher Ali v. State of U.P.

Case brief

What is this about?

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