Bail allowed to applicant Injmam Ul Haq in a cheating and forgery case, on furnishing a personal bond and two sureties, imposing conditions against tampering with evidence and appearance before the trial court.
Released on bail by furnishing personal bond and two sureties subject to conditions.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3242 of 2023
Applicant :- Injmam Ul Haq Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the bail application, the applicant has prayed to be enlarged on bail in Case Crime No.481 of 2022 at Police Station-Hari Parvat, District-Agra under Sections 420, 467, 468, 471 and 120-B IPC. The applicant is in jail since 25.11.2022.
The bail application of the applicant was rejected by the learned trial court on 22.12.2022.
The following arguments made by Shri Amit Mishra, learned counsel holding brief of Shri Rakesh Pathak, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned A.G.A.-I for the State from the record, entitle the applicant for grant of bail:
(1). The applicant is a daily wager in the University. (2). The applicant has not been identified as the principal offender in the F.I.R.
(3). The name of the applicant was implicated only to deflect attention from the senior officials of the
University who were responsible for change in the answer-sheets.
(4). The applicant had no role in trying to secure benefit of unfair means to the candidates.
(5). The access to answer sheets is strictly regulated to nominated officials only.
(6). The applicant has no responsibility for or authority over the answer sheets.
(7). The applicant seeks parity in relief granted to the co-accused-Rahul Parashar, who has been granted bail by this Court on 19.01.2023 in Criminal Misc. Bail Application No.55085 of 2022.
(8). The applicant has explained his criminal history. It is also contended that the applicant is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases have no bearing on the instant bail application.
(9). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the
evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Injmam Ul Haq be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 27.2.2023 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be granted bail in the undertrial case involving cheating and forgery.
Injmam Ul Haq
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
