The High Court allowed bail to the applicant in a non-bailable offence case involving dishonestly inducing delivery of property for cheating and forgery after considering evidence and submissions.
Released on bail on furnishing personal bond and two sureties each in the like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6993 of 2022
Applicant :- Mohd. Nawaz Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Anup Swaroop Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Sri Anup Swaroop Srivastava, learned counsel for the applicant, Sri B.P. Maurya, learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicant- Mohd. Nawaz with a prayer to release him on bail in Case Crime No.210 of 2021, under Sections 420, 467, 468, 471, 406, 120B I.P.C., Police Station- Kotwali Nagar, District- Saharanpur during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the applicant was not named in the first information report and no loan amount was transferred in the account of the applicant but in the bail rejection order, the court below has mentioned that the loan amount has been created in the account of the applicant. He next submitted that the co-accused- Gulfam Urf Sanu and Saqib Hussain Farooqui have already been released on bail by this Court in Criminal Misc. Bail Application Nos.13540 of 2022 and 4841 of 2022 vide orders dated 9.5.2022 and 27.4.2022. He also submitted that the case of the applicant is better than the case of the co-accused- Gulfam Urf Sanu, who was the main accused according to the allegations made in the first information report. He further submitted that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 4.11.2021 and there is no criminal antecedent against the applicant.
Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. opposed the prayer for bail but could not
dispute the aforesaid fact .
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant- Mohd. Nawaz involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 11.5.2022 Rameez
Digitally signed by RAMEEZ AHMED Date: 2022.05.11 16:53:20 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a cheating and forgery case.
1 provisions across 1 enactments
Mohd. Nawaz
Chandra Kumar Rai
Rameez Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
