Allowed

Om Jaiswal@ Rajan Ahaluwaliya v. State of U.P.

Allahabad HC6 Jun 2023BAIL/23185/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Om Jaiswal in a criminal case for cheating, forgery, and criminal intimidation, imposing standard additional conditions on his release.

What did the court decide?

Applicant released on bail with a personal bond and two sureties subject to non-interference conditions and mandatory court attendance.

Om Jaiswal@ Rajan Ahaluwaliya Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:124598

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23185 of 2023

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Applicant :- Om Jaiswal@ Rajan Ahaluwaliya Opposite Party :- State of U.P. Counsel for Applicant :- Kunwar Janmejay Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant as well as learned A.G.A for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant in Case Crime No.93 of 2010, under Sections 420, 467, 471, 504, 506 I.P.C., Police Station- Kidwai Nagar, DistrictKanpur Nagar with the prayer to enlarge him on bail.

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The submission of learned counsel for the applicant is that the applicant is aged about 65 years innocent person and he has been falsely implicated in the case. He submitted that the alleged incident took place in the month of December, 2007 and F.I.R. was registered on 23.03.2010 against seven persons including the present applicant after three years of the alleged incident but there is no explanation of delay. Learned counsel for the applicant further submitted that there is no evidence regarding the loan taken by the applicant and during the course of investigation, other coaccused persons exonerated including the bank employee and charge sheet has been filed only against the present applicant. He submitted that the applicant has criminal history of nine cases, which has been explained in paragraph no.17 to the affidavit. He further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 04.09.2019.

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Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and

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without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant- Om Jaiswal@ Rajan Ahaluwaliya, be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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(1) 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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(2) 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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(3) The applicant will not tamper with the prosecution witnesses.

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(4) The applicant will not indulge in any illegal activities during the period of bail.

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(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.

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Order Date :- 6.6.2023 Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Om Jaiswal@ Rajan Ahaluwaliya v. State of U.P.

Case brief

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Om Jaiswal@ Rajan Ahaluwaliya v. State of U.P.

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