Allowed

Haji Raham Ilahi v. State of U.P.

Allahabad HC27 Jun 2022BAIL/7876/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by the accused in a cheating and criminal breach of trust case arising from a business dispute. The court held that the matter was a commercial dispute and a co-accuser was already on bail, thus fulfilling conditions for release on personal bond and sureties.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties subject to specific conditions of attendance and conduct.

Haji Raham Ilahi Vs State of U.P. — Contract and Commercial Disputes | Allahabad HC (2022)

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Court No. - 10

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7876 of 2022

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Applicant :- Haji Raham Ilahi Opposite Party :- State of U.P. Counsel for Applicant :- Ram Sharan Giri,Aishwarya Pratap Singh,Tabrez Ahmad Counsel for Opposite Party :- G.A.,Ishwar Chandra Tyagi

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Shri Aishwarya Pratap Singh, learned counsel for the applicant, Shri Anmol Pratap Singh, Advocate holding brief of Shri Ishwar Chandra Tyagi, learned counsel for the informant and learned A.G.A. for the State.

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By means of this application, the applicant- Haji Raham Ilahi , who is involved in Case Crime No. 669 of 2021, under Sections 420, 406, 506 I.P.C., Police Station Gulaothi, District Bulandshahr, is seeking enlargement on bail during the trial.

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It is contended by learned counsel for the applicant that some business dispute arose between the applicant and informant, which lead to the lodging of the First Information Report. It is further alleged that the co-accused Imran had already been enlarged on bail by this Court on 19.04.2022 in Criminal Misc. Bail Application No. 9859 of 2022. The applicant is languishing in jail since 10.01.2022.

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Learned counsel appearing for the informant states that the informant is a retired person and had invested the money in the business and the applicant has not returned back the money, which lead to the lodging of the First Information Report. According to him, still certain amount remains to be paid by the applicant.

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Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, I find that it is a commercial dispute between the parties and as the co-accused has already been enlarged on bail by this Court, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed .

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Let the applicant Haji Raham Ilahi be released on bail in Case

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Crime No. 669 of 2021, under Sections 420, 406, 506 I.P.C., Police Station Gulaothi, District Bulandshahr, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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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 :- 27.6.2022 Shafique

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Digitally signed by SAFIKUR RAHAMAN Date: 2022.06.27 17:14:14 IST Reason: Location: High Court of Judicature at Allahabad

Haji Raham Ilahi v. State of U.P.

Case brief

What is this about?

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Haji Raham Ilahi v. State of U.P.

Case brief

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