Allowed

Imteyaz v. State of U.P.

Allahabad HC28 Mar 2023BAIL/49937/2018

Case brief

AI extract

What is this about?

Hon'ble Vivek Kumar Singh, J. allowed bail to Imteyaz involved in a cheating case (Sections 419, 420, 504 IPC), directing furnishing of personal bond with sureties and imposing strict conditions regarding court attendance and conduct, without expressing opinion on merits.

What did the court decide?

Release of applicant on bail by furnishing personal bond with two sureties subject to specific conditions regarding court appearance and conduct.

Imteyaz Vs State of U.P. — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49937 of 2018

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Applicant :- Imteyaz Opposite Party :- State of U.P. Counsel for Applicant :- Tej Bhanu Pandey,Brajesh Kumar Dwivedi,Manoj Kumar Counsel for Opposite Party :- G.A.,Yashpal Yadav

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that applicant is poor person and not operating his any alleged bank account. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 26.11.2018 It has been pointed out that the applicant has no criminal history. No criminal history of the applicant has been duly explained in paragraph no. 16 of the affidavit accompanying the bail application.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, reasonable

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apprehension of tempering of witnesses and other relevant aspects, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.

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Let the applicant Imteyaz involved in Case Crime No.364 of 2027, under Sections 419, 420, 504 I.P.C., P.S. Mubarakpur, District Azamgarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 28.3.2023/A.N. Mishra

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Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad

Imteyaz v. State of U.P.

Case brief

What is this about?

What did the court decide?

Imteyaz v. State of U.P.

Case brief

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What did the court decide?

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