A single judge of the Allahabad High Court allowed bail to the applicant charged with cheating and handling fake currency, finding him a fit case without expressing opinions on merits, subject to standard conditions.
Release on bail furnishing a personal bond and two sureties each in the like amount.
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Neutral Citation No. - 2023:AHC:126773
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24187 of 2023
Applicant :- Faij Khan @ Navab Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the applicant, learned Government Advocate for the State, learned counsel for the informant and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 165 of 2023, registered under Sections 420, 489-B, 489-C, 489-E IPC, Police Station Noida Sector 24, District Gautam Buddh Nagar during pendency of the trial.
It is contended by learned counsel for the applicant that the applicant has been falsely implicated on the basis of false recovery of fake currency. It has been further submitted that the applicant has neither supplied the fake currency to anyone nor has used for any business purpose. It was also submitted that nothing has been recovered from the possession of the applicant. It was also submitted that the co-accused Mobin Khan has been granted bail by this Court on 29.5.2023 passed in Criminal Misc. Bail Application No. 23938 of 2023. There is no possibility of his either fleeing away from the judicial process or tampering with the evidence. It was next submitted that the applicant has no criminal history as averred in para 24 of the affidavit of bail application. Applicant is languishing in jail since 11.4.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned Government Advocate as well as learned counsel for the informant has opposed the bail prayer of the applicant but he could not dispute the aforesaid facts.
Considering the entire facts and circumstances of the case as well as submissions made by learned counsel for the parties and
without expressing any opinion on merits of the case, I find it a fit case for bail.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Faij Khan alias Navab involved in aforesaid 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 the following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime similar to the offence of which he is accused after being released on bail.
(iv) The applicant 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 to any police officer or tamper with the evidence.
(v) The identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 15.6.2023 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is fit for release on bail in the charges of cheating and fake currency.
Faij Khan @ Navab
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
