The Allahabad High Court granted bail to the applicant in a criminal case involving cheating and criminal conspiracy, noting his prior bail history and the impact of overcrowding.
Release on bail with personal bond and two sureties subject to conditions regarding evidence tampering and cooperation.
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. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38181 of 2021
Applicant :- Arman Malik @ Noor Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Pankaj Bharti, learned counsel for the applicant and Sri Shrawan Kumar Ojha learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant Arman Malik @ Noor Mohammad for seeking bail in Case Crime No.137 of 2021 under Sections 420, 406, 467, 468, 471 I.P.C. and under Section 66 of the Information Technology Act, registered at Police Station-Civil Lines, District-Muzaffar Nagar.
The bail applications of the applicant have been rejected by the court below on 16.7.2021 and 2.8.2021.
Learned counsel for the applicant has argued that a first information report has been lodged by one Smt Meera before Police Station-Civil Lines, District-Muzaffar Nagar being FIR No.0137 on 24.5.2021 at 19:01 hours, under Sections 420, 406, 467, 468, 471 I.P.C. and under Section 66 of the Information Technology Act with an allegation that the complainant had approached the company by the name and style of A.B.S. (Adhar Business Solution) which is a facilitator for financial assistance and it takes processing charges and 10% of the expenses which are incurred. It has been further alleged that the complainant had joined the firm in question and she took Rs.2/lakhs for family members and certain amounts from others but when the payment was to be made then she was administered threat and in case any illegal action is being sought to be taken then the complainant has to suffer dire consequences and she will be entangled therein. He has further argued that he has not been named in the first information report and he has been falsely implicated and that he has nothing with the said company and the applicant is innocent.
Learned counsel for the applicant has referred to paragraph 20 of the bail application so as to contend that there are two criminal cases pending against the applicant being Case Crime No.513 of 2015, under Sections 420, 406, 467, 468, 471 and
120-B IPC in which he has been enlarged on bail by the High Court of Judicature for Rajashthan at Jaipur Bench, Jaipur in S.B. Criminal Misc. Bail Application No.6448 of 2019 on 14.5.2019 and so far as the Case Crime No.501 of 2020, under Section 420 IPC is concerned, learned counsel for the applicant has produced before the court order dated 11.10.2021 passed in Bail Application No.7161 of 2020 by the court of Sessions Court, Ghaizabad wherein the applicant has been enlarged on bail. He has further argued that the applicant has been falsely implicated and he is languishing in jail since 15.6.2021.If the applicant is enlarged on bail, he will not misuse the liberty. He be enlarged on bail.
Countering the said submissions learned AGA for the State has opposed the bail while arguing that the applicant has committed offence as he is nominated accused in the FIR. However, the learned AGA could not dispute the fact that criminal history has been properly explained and the applicant has been enlarged on bail.
Considering the submissions so advanced by the learned counsel for the parties on the question of bail, prima facie this Court finds that this is a fit case for grant of bail as the applicant has been enlarged on bail in the both cases mentined above and he is languishing in jail since 15.6.2021, as also looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant Arman Malik @ Noor Mohammad involved in aforesaid 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 with the following conditions that :-
i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) 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.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicants shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 9.2.2022 piyush
Digitally signed by PIYUSH KUMAR Date: 2022.02.09 18:01:42 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant who was falsely implicated and has a prior criminal history.
3 provisions across 3 enactments
Arman Malik @ Noor Mohammad
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
