Mudassir Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

Mudassir Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Bail granted: applicant Mudassir to be released on bail in FIR No. 459 of 2023 (P.S. Nai Mandi, District Muzaffar Nagar) on furnishing a personal bond with two sureties of Rs. 25,000/- each to the satisfaction of the court concerned, subject to conditions that he (a) executes a bond undertaking to attend the hearings, (b) shall not commit any offence similar to the offence of which he is accused or suspected, and (c) 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 or to any police officer or tamper with the evidence.

Issue for consideration

Whether the applicant, arraigned in FIR No. 459 of 2023 (P.S. Nai Mandi, District Muzaffar Nagar) alleging manufacture of fake cement, is entitled to bail.

Court's answer

No specific allegation of the applicant being involved in the manufacturing of fake cement is made out; the applicant is only a driver of the vehicle.

Ratio / Principle

The applicant, having no criminal antecedent except the one described in Para-21, is entitled to be enlarged on bail.

Key takeaways

Prima facie, the FIR was lodged on the basis of an inspection carried out and not at the instance of any cement manufacturer.ratio¶7

Detailed headnote1 paragraphs

Allahabad High Court (Pankaj Bhatia, J.; order dated 8.11.2023) allowed a bail application in FIR No. 459 of 2023, P.S. Nai Mandi, District Muzaffar Nagar, registered under Sections 420, 468 and 471 IPC, Sections 63 and 65 of the Copyright Act and Section 4/25 of the Arms Act, arising from an allegation that certain persons were involved in manufacturing fake cement of various brands. The Court held that no specific allegation of the applicant's involvement in the manufacturing was made out, that he was only the driver of the vehicle and had no criminal antecedent except the one described in Para-21 of the application; it further observed, prima facie, that the FIR was lodged on the basis of an inspection and not at the instance of any cement manufacturer. The applicant was directed to be released on bail on furnishing a personal bond with two sureties of Rs. 25,000/- each, with conditions to attend hearings, refrain from similar offences, and not to make any inducement, threat or promise or tamper with evidence.

Neutral Citation No. - 2023:AHC:214782

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47848 of 2023

Applicant :- Mudassir Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

1. Heard learned counsel for the applicant, learned AGA and perused the record.

2. In terms of the FIR, it was alleged that certain persons were involved in manufacturing of fake cement of various brands. Contention of counsel for the applicant is that the applicant was driving the vehicle and has no connection with the offence in question. Prima-facie , the FIR was lodged on the basis of an inspection carried out and not at the instance of any cement manufacturer.

3. Learned AGA has opposed the bail application.

4. As no specific allegation of the applicant being involved in manufacturing of fake cement is made out and he is only a driver and has no criminal antecedent except the one described in Para - 21, as such, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

5. Let the applicant Mudassir be released on bail in FIR No.459 of 2023, under Section 420, 468, 471 IPC, Section 63, 65 of Copyright Act and Section 4/25 of Arms Act, P.S. Nai Mandi, District Muzaffar Nagar on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 or to any police officer or tamper with the evidence.

Order Date :- 8.11.2023 nishant

Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad