In bail application under Sections 420 IPC and 66D IT Act, the High Court accepted the argument that the applicant was falsely implicated and not a flight risk, allowing bail despite the Sessions Judge's earlier rejection.
Release on bail by furnishing a personal bond and two sureties.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5896 of 2022
Applicant :- Bagga @ Fakruddin Opposite Party :- State of U.P. Counsel for Applicant :- Budhi Sagar Tripathi,Vishwanath Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 437 of 2021 at Police Station-Babugarh, District-Hapur under Sections 420 I.P.C. and 66D of I.T. Act. The applicant is in jail since 30.09.2021.
The bail application of the applicant was rejected by learned Sessions Judge, Hapur on 20.12.2021.
Shri Vishwanath Mishra, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The offending transactions were conducted by the principal offener Gayasuddin Khan with the mobile numbers which are disclosed in the counter affidavit. The aforesaid mobile numbers cannot be linked with the applicant in any manner. The principal offender namely Gayasuddin Khan has been enlarged on bail by this Court 25.04.2022 in Criminal Misc. Bail Application 55423 of 2021. The case of the applicant stands on a better footing than that of the aforesaid principal offender.
However, learned counsel for the applicant seeks parity in relief granted to the aforesaid co-accused.
Learned counsel for the applicant has explained the criminal history of the applicant and contends that prior to the instant case, the applicant was falsely implicated in false cases. The applicant always adhered to the terms of bail orders and never misused his liberty. However, after nomination in the instant case, the applicant has become a convenient scapegoat for the police authorities who have repeatedly implicated the applicant in false cases in quick succession to burnish their professional credentials. The criminal cases do not have any bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Bagga @ Fakruddin be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.4.2022 Dhananjai
Digitally signed by DHANANJAI Date: 2022.04.29 15:58:49 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail considering the merits dismissed by the Sessions Judge.
Whether the applicant can be released on furnishing a personal bond and two sureties.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application 55423 of 2021Referred¶8
2 provisions across 2 enactments
Bagga @ Fakruddin
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
