Allowed

Farhat Janha@ Farhaj Janha v. State of U.P.

Allahabad HC19 Jan 2023BAIL/55235/2022

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Farhat Janha in a cheating case. It directed her release on posting a personal bond and two sureties subject to standard bail conditions, invoking Satendra Kumar Antil Vs. C.B.I. for the nature of offence and Article 21.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties in the like amount, subject to conditions against tampering with evidence and further criminal activity.

Farhat Janha@ Farhaj Janha Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55235 of 2022

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Applicant :- Farhat Janha@ Farhaj Janha Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Pratap Yadav,Pavan Kishore Counsel for Opposite Party :- G.A.,Satya Prakash Singh

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Hon'ble Deepak Verma,J.

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Heard Sri Mahendra Pratap Yadav, learned counsel for the applicant; Sri Satya Prakash Singh, learned counsel for the first informant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant - Farhat Janha @ Farhaj Janha, with a prayer to release her on bail in Case Crime No.164 of 2019, under Sections 419, 420, 467, 468, 471, 34 I.P.C., Police Station Purani Basti, District Basti during pendency of the trial.

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Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant next submitted that co-accused namely Ali Ahmad and Ramdhani Chaudhary have already been granted bail by the coordinate Bench of this Court vide order dated 23.07.2021 and 12.08.2021 passed in Crl. Misc. Bail Application Nos. 41171 of 2020 & 21018 of 2020, respectively. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. Applicant have no previous criminal antecedent. The applicant is languishing in jail since 21.09.2022 and in case she is enlarged on bail she will not misuse the liberty of bail.

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Learned A.G.A. and learned counsel for the first informant have opposed the bail prayer of the applicant by submitting that he is main accused in this case so his bail is liable to be rejected.

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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 larger mandate of the Article 21 of the Constitution of India, 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.

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Let the applicant, Farhat Janha @ Farhaj Janha, who is involved in the aforesaid case crime, be released on bail on her furnishing a personal bond and two 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.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 19.1.2023 Vibha Singh

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Farhat Janha@ Farhaj Janha v. State of U.P.

Case brief

What is this about?

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Farhat Janha@ Farhaj Janha v. State of U.P.

Case brief

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