In Criminal Misc. Bail Application No. 51775 of 2022, the Court granted bail to the applicant, Chhotak @ Qayum, involved in cheating and forgery charges, imposing conditions to prevent tampering with evidence.
Application allowed; applicant released on bail with personal bond and two sureties, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51775 of 2022 Applicant :- Chhotak @ Qayum Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Pradeep Chauhan,Shiva Kant Srivastava
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.330 of 2021 at Police Station-Jeeyanpur, District-Azamgarh under Sections 419, 420, 467, 468, 471, IPC. The applicant is in jail since 25.08.2022.
The bail application of the applicant was rejected by the trial court on 06.10.2022.
The following arguments made by Shri Vinod Kumar Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Pradeep Chauhan, learned counsel and Shri Shiva Kant Srivastava, learned counsels for the informant and Shri Markandey Singh, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant did not impersonate Sirajuddin. The applicant merely witnessed the gift deed.
(2). The applicant is not a beneficiary of any illicit transaction.
(3). The case of the applicant is distinguishable from the principal offender including Sirajuddin.
(4) The applicant claims congruency in role and seeks
parity in relief granted to the co-accused who has been enlarged on bail by this Court by order dated 03.01.2023 in Criminal Misc. Bail Application No. 49838 of 2022.
(5). The applicant does not have any criminal history apart from this case.
(6). 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- Chhotak @ Qayum 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 :- 13.1.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail upon granting the application.
Whether the applicant is eligible for parity in relief granted to a co-accused.
1 provisions across 1 enactments
Chhotak @ Qayum
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
