Court granted bail to Jakir @ Gabbar @ Sagar in a cheque bounce/false implication case, noting applicant had no role and was languishing in jail since January 2023.
Release on bail with personal bond and two sureties upon verification; conditions include no tampering with evidence, cooperation in trial, and no criminal activity.
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Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13663 of 2023
Applicant :- Jakir @ Gabbar @ Sagar Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 188 of 2019, under Sections 420, 380 I.P.C. & Section 66 D, I.T. Act, Police Station- Kairana, District- Shamli, during pendency of the trial.
It is alleged in the FIR that the ATM card of the informant was missed somewhere and thereafter Rs. 2,91,950/- has been withdrawn from his account. Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case due to ulterior motive. The applicant has no connection with the alleged offence. Impugned allegation is against the co-accused Firoz and applicant is not named in the FIR. There is no evidence against the applicant to connect him in the present case. The applicant has criminal history which has been explained in para-16, 17, 18 and 19 of the supplementary affidavit. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 15.01.2023 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .
Let the applicant, Jakir @ Gabbar @ Sagar , who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.4.2023 Anjali
Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible to be released on bail given the allegations, lack of connection to the FIR, and length of jail time.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Jakir @ Gabbar @ Sagar
Deepak Verma
As recorded by the court registry
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