Allowed

Mohammad Danish and 3 Others v. State of U.P.

Allahabad HC14 Sept 2023ABAIL/10367/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail application filed by four individuals charged with cheating and criminal conspiracy. The court noted the cash nature of alleged transactions and lack of criminal history, relying on Apex Court precedents.

What did the court decide?

Application allowed; applicants released on bail with two sureties each, subject to conditions of appearance and non-interference.

Mohammad Danish and 3 Others Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:177920

¶2

Court No. - 72

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10367 of 2023

¶4

Applicant :- Mohammad Danish And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Kumar Shukla,Abhinav Tripathi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

None is present on behalf of the applicants to press this application even in the revised call. However, Sri Yogesh Mishra, learned AGA is present for the State.

¶7

The Advocates are abstaining from work today. This Court has itself perused the material available on record and with the assistance of learned AGA, decide the present anticipatory bail application.

¶8

The present anticipatory bail application has been filed on behalf of the applicants in F.I.R./Case Crime No. 501 of 2023, under Sections 420, 406, 323, 506, 120-B of IPC, Police Station Civil Lines, District Aligarh, with a prayer to enlarge them on anticipatory bail.

¶9

As per prosecution story, the applicants in collusion with co-accused Sajid are stated to have usurped an amount of Rs.8 lakh which was given in several transactions in cash to them to invest in business of real estate. The applicants are stated to have neither given any profit nor return the said money.

¶10

A bare perusal of the pleadings indicates that the said money is stated to have been provided in cash. There is no transactions in the account of the applicants.

¶11

On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the fact that the applicants have no criminal history.

¶12

Considering the facts and circumstances of the case and the argument advanced by learned AGA and also in view of the law laid down by the Apex Court in the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 ", the applicants are entitled to be granted anticipatory bail in this case.

¶13

Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicants is allowed .

¶14

In the event of arrest of the applicants, Mohammad Danish, Vaseem Ahamad, Smt. Yaseen and Mustakeem, involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on

¶15

furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-

¶16

i. that the applicants shall make themselves available for interrogation by a police officer as and when required;

¶17

ii. that the applicants 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 or to any police officer or tamper with the evidence;

¶18

iii. that the applicants shall not leave India without previous permission of the court;

¶19

iv. that the applicants shall not tamper with the evidence during the trial;

¶20

v. that the applicants shall not pressurize/ intimidate the prosecution witness;

¶21

vi.that the applicants shall surrender their passport, if any, before the court concerned.

¶22

vii. that the applicants shall appear before the trial court on each date fixed unless personal presence are exempted;

¶23

In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants.

¶24

It is made clear that observations made in granting anticipatory 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.

¶25

(Justice Krishan Pahal)

¶26

Order Date :- 14.9.2023 Siddhant

¶27

Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Mohammad Danish and 3 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohammad Danish and 3 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Neha Singh Vs State of U.P. and Another

Syyed Moazzam Ali Vs State of U.P. and Another

Akhilesh Vs State of U.P. and 2 Others

Abhay Porwal @ Anshu Vs State of U.P.

Kamal Singh Sirohi Vs State of U.P.

Pushpendra and Another Vs State of U.P. and Another