Farman v. State of U.P.
Case brief
What is this about?
The High Court allowed bail to Farman, an accused in a case involving cheating and forgery, after theState failed to demonstrate exceptional circumstances justifying denial of bail under Article 21 of the Constitution.
What did the court decide?
Released on bail on furnishing a personal bond and two sureties each in the like amount.
What the court decided
Neutral Citation No. - 2023:AHC:233877
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53005 of 2023
Applicant :- Farman Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
- Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.
- Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
- It is submitted by learned counsel for the applicant that as per the First Information Report accused were apprehended along with the forged royalty letter. One of the letter was found with the truck driver of the applicant. Applicant is the owner of the truck. The applicant has been falsely implicated. The co-accused, Sadik, has already been enlarged on bail by order dated 31.10.2023 passed by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 44648 of 2023 and the co-accused, Naseem, has already been enlarged on bail by order dated 2.11.2023 passed by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 45315 of 2023. The applicant has no criminal history. Applicant is languishing in jail since 22.10.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in a case involving cheating, forgery, and property damage.
Whether the applicant has satisfied the court that he will not tamper with evidence or intimidate witnesses.
Whether the facts and circumstances warrant release on bail under Article 21 of the Constitution.
Parties & counsel
- applicant
Farman
Coram
Vikram D. Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/53005/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court