Allowed

Jalaludeen @ Jalaloo Driver v. State of U.P. and Another

Allahabad HC26 Sept 2023BAIL/37024/2023

Case brief

AI extract

What is this about?

The Court granted bail to the applicant in a cheating and forgery case, noting the inordinate delay in filing the FIR, the absence of specific allegations against him by the victim, the co-accused's bail, and his lack of criminal history.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two heavy sureties on conditions not to interfere with evidence or witnesses and to appear in court.

Jalaludeen @ Jalaloo Driver Vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:186769

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37024 of 2023

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Applicant :- Jalaludeen @ Jalaloo Driver Opposite Party :- State of U.P. and Another Counsel for Applicant :- Keshav,Hridai Narayan Sharma Counsel for Opposite Party :- G.A.,Anil Kumar Tripathi,Shashi Shankar Tripathi

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant, Shri Shashi Shankar Tripathi, counsel for informant, learned A.G.A. for the State and perused the record.

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The instant bail application, under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 117 of 2023, under Sections 342, 343, 365, 395, 412, 419, 420, 467, 468, 471, 506, 34 I.P.C., Police Station - Machhalishar, District- Jaunpur, during pendency of the trial.

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Counsel for the applicant submits that applicant has been falsely implicated. The incident is alleged to have occurred on 22.03.2023. The first information report was lodged on 01.06.2023. The delay in the facts of the present case is fatal to the prosecution case. The victim in her statement under Section 164 Cr.P.C. has not leveled any allegation against the applicant. It is further contended that co-accused Shabbir Ahmad @ Pappu and Sebu @ Sarfaraj Rain have been granted bail by this Court vide order dated 31.07.2023 passed in Criminal Misc. Bail Application No. 30841 of 2023. The applicant claims parity. The applicant has no criminal history. The applicant is in jail since 01.06.2023. In case he is enlarged on bail, he will not misuse the said liberty.

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Counsel for informant and learned A.G.A. have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that there is an inordinate delay in lodging the first information report. The victim in her statement under Section 164 Cr.P.C. has not leveled any allegation against

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the applicant. Co-accused Shabbir Ahmad @ Pappu and Sebu @ Sarfaraj Rain have been granted bail by this Court. The applicant has no criminal antecedents. Further the applicant has presently remained confined for almost more than three months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant, Jalaludeen @ Jalaloo Driver involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicant shall not temper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness;

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iii. the applicant shall appear on each and every date fixed by trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 26.9.2023 Sharad/-

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

Jalaludeen @ Jalaloo Driver v. State of U.P. and Another

Case brief

What is this about?

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Jalaludeen @ Jalaloo Driver v. State of U.P. and Another

Case brief

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