Mo. Miyan Alias Raja Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

Mo. Miyan Alias Raja Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Bail granted: applicant Mo. Miyan alias Raja to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, subject to conditions that he (i) shall appear on the date fixed by the trial court, (ii) shall not tamper with the prosecution evidence, and (iii) shall not pressurize the prosecution witnesses; in case of breach, the prosecution may move a bail cancellation application before this Court.

Issue for consideration

Whether the applicant, Mo. Miyan alias Raja, arraigned in Case Crime No. 186 of 2022 under Sections 420, 467, 468, 471, 323, 352, 504, 506 I.P.C., Police Station Kila, District Bareilly, is entitled to be enlarged on bail under Section 439 Cr.P.C. during the pendency of the trial. +1 more

Court's answer

The Court prima facie finds that the case is purely civil in nature, as the applicant and the informant both are claiming rights on the disputed land.

Ratio / Principle

Parity is available: the identically placed co-accused Haseen Miyan has already been granted bail by this Court.

Key takeaways

The applicant has remained confined for more than four months.ratio¶¶10
With the charge-sheet already submitted, there is no hope of early conclusion of the trial.ratio¶¶11
No reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would tamper with the evidence, delay the trial or intimidate the witness.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Varma, J.; Neutral Citation 2023:AHC:235988; order dated 13.12.2023) allowed Criminal Misc. Bail Application No. 49900 of 2023 under Section 439 Cr.P.C. and enlarged applicant Mo. Miyan alias Raja on bail in Case Crime No. 186 of 2022, under Sections 420, 467, 468, 471, 323, 352, 504, 506 I.P.C., Police Station Kila, District Bareilly. The Court prima facie found the case purely civil in nature, the applicant and the informant both claiming rights on the disputed land. Bail was supported by parity with identically placed co-accused Haseen Miyan, who had been granted bail by this Court in Criminal Misc. Bail Application No. 44205 of 2023 (order dated 07.11.2023); by the applicant's confinement for more than four months (in jail since 05.08.2023); by submission of the charge-sheet with no hope of early conclusion of trial; and by the absence of any reasonable State apprehension of tampering with evidence, delaying the trial or intimidating witnesses. Merits were not commented upon. Release was directed on a personal bond with two sureties each in the like amount, conditioned on appearance on dates fixed, non-tampering with prosecution evidence and non-pressure on prosecution witnesses; breach entitles the prosecution to move for cancellation of bail.

Neutral Citation No. - 2023:AHC:235988

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49900 of 2023

Applicant :- Mo. Miyan Alias Raja Opposite Party :- State of U.P. Counsel for Applicant :- Purushottam Pandey Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party.

The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 186 of 2022, under Sections 420, 467, 468, ,471, 323, 352, 504, 506 I.P.C., Police Station Kila, District Bareilly during the pendency of the trial.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The father of the applicant was the owner of the disputed land. The applicant and the informant both are claiming rights on the said land. The case is purely civil in nature. The applicant has not assaulted the informant. Identically placed co-accused Haseen Miyan has been granted bail by this Court in Criminal Misc. Bail Application No. 44205 of 2023, Haseen Miyan v. State of U.P., vide order dated 07.11.2023. The applicant claims parity. The criminal history of the applicant has been explained in Paragraph-16 of the affidavit. The applicant claims parity. The applicant is in jail since 05.08.2023 and if he is released on bail, he will not misuse the said liberty.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the case is purely civil in nature. The applicant and the informant both are claiming rights on the disputed land. Identically placed co-accused Haseen Miyan has been granted bail by this Court. Moreover, the applicant has remained confined for more than four months and after

submission of the charge-sheet there is no hope of early conclusion of trial, and 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 delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant- Mo. Miyan alias Raja, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

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

Order Date :- 13.12.2023 SKT/-

Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad