Allowed

Amir @ Bhoora @ Amirsayed v. State of U.P.

Allahabad HC23 Jan 2023BAIL/58025/2022

Case brief

AI extract

What is this about?

Bail application filed by Amir @ Bhoora @ Amirsayed challenging his arrest in a criminal case alleging cheating and forgery. The High Court found no merit in the State's opposition and granted bail on a personal bond and two sureties.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties in the like amount subject to conditions of appearance and non-tampering.

Amir @ Bhoora @ Amirsayed Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58025 of 2022

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Applicant :- Amir @ Bhoora @ Amirsayed Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri V.S. Rajbhar, learned A.G.A. for the State-opposite party.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 215 of 2022, under Sections 411, 413, 414, 457, 380 I.P.C., Police Station Chajlet, District Moradabad during the pendency of the trial.

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It is contended that the applicant has been falsely implicated in the instant case. The applicant was not named in the first information report. The applicant was arrested on 01.10.2022 along with 5 other accused persons and has been implicated in the instant case. False recovery of U.P.S. and inverter batteries has been shown from the applicant. There is no independent witness to the alleged recovery. Indian currency of Rs.1,350/-, allegedly recovered form the applicant, belongs to the applicant. Prior to the instant case the applicant does not have any criminal history, however, after his arrest in the instant case, the applicant has been implicated in other cases also. The applicant is in jail since 01.10.2022 and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Amir @ Bhoora @ Amirsayed, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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shall appear on the date fixed by the trial court;

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shall not tamper with the prosecution evidence; and,

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shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 23.1.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Amir @ Bhoora @ Amirsayed v. State of U.P.

Case brief

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Amir @ Bhoora @ Amirsayed v. State of U.P.

Case brief

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