Court allowed bail application in a criminal case involving cheating and forgery charges, noting the applicant's prolonged incarceration and lack of FIR naming at the time of inception.
Applicant released on bail upon furnishing personal bond and two local sureties subject to verification and conditions.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53236 of 2022
Applicant :- Mushtaque Alam Opposite Party :- State of U.P. Counsel for Applicant :- Dhananjay Kumar Pandey,Anand Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.0264 of 2020, under Sections 409, 420, 467, 468, 471 and 120-B I.P.C., P.S. Cantt., District Varanasi.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. Learned counsel for the applicant submits that he is not named in the FIR. His name surfaced during investigation and as per his knowledge, he has been implicated in 25 cases. Applicant has been granted bail in 17 cases in similar set of facts lodged by prosecution. The applicant has not committed any cheating or manipulation in record. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 13.10.2021 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Mushtaque Alam , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 13.4.2023 Dev/-
Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the present criminal proceedings.
Colour shows how this judgement treated each authority
Satendra Kumar AntilReferred¶10
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
1 provisions across 1 enactments
Mushtaque Alam
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
