The High Court granted bail to the applicant in a criminal trial involving theft and fraud, noting insufficient connection to the offence and parity with a co-accused.
Released on bail with personal bond and two sureties; non-tampering and appearance conditions imposed.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55495 of 2022
Applicant :- Mohm Salmaan Opposite Party :- State of U.P. Counsel for Applicant :- Nirbhay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 433 of 2022 at Police Station Baldev, District Mathura under Sections 379, 420, 467, 468, 471, 411 I.P.C. and Section 66/66D of IT Act. The applicant is in jail since 13.10.2022.
The bail application of the applicant was rejected by learned trial court on 16.11.2022.
The following arguments made by Shri Ravi Prakash Srivastava, learned counsel holding brief of Shri Nirbhay Kumar, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Markandey Singh, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant did not exchange the ATM card of the informant nor did he withdraw money with the said ATM card of the latter.
(2). The offending ATM card has not been recovered from the applicant.
(3). Prosecution evidence does not connect the applicant with the offence.
(4). The applicant claims congruency in role and seeks parity in relief granted to the co-accused Vikram Sharma, who has been enlarged on anticipatory bail by this Court by order dated 09.12.2022 in Criminal Misc. Bail Application No. 56226 of 2022.
(5). Explaining the criminal history of the applicant, it is contended that the applicant was falsely implicated in a solitary case. The said case does not have any bearing on the instant 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- Mohm Salmaan 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 :- 11.1.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant be enlarged on bail in light of lack of evidence and parity with co-accused.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 56226 of 2022Referred¶11
2 provisions across 2 enactments
Mohm Salmaan
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajay Bhanot
Parties & counsel
