This bail application was allowed by the High Court. The applicant, involved in an employer-employee dispute, was released on furnishing a personal bond and two sureties, as the prosecution evidence did not connect him with the offence satisfactorily.
The applicant was released on bail by furnishing a personal bond and two sureties.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58066 of 2022 Applicant :- Mali @ Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- Shahid Karim Siddiqui,Mohd. Arif Siddiqui 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.405 of 2022 at Police Station-Rasoolpur, District-Firozabad under Sections 379 , 411 IPC. The applicant is in jail since 28.09.2022.
The bail application of the applicant was rejected by learned trial court on 04.11.2022.
The following arguments made by Shri Shahid Karim, 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 F.I.R. arises out of an employee employer dispute.
(2). The informant is the employer of the applicant who had defaulted in payment of salary to the latter.
(3). The applicant delivers the vehicle as per the directions of the employer.
(4). No recovery of vehicle has been made from the applicant.
(5). Prosecution evidence does not connect the
applicant with the offence.
(6). The applicant does not have any criminal history apart from the instant case.
(7). 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-Mali @ Rizwan 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:-
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 6.1.2023 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving Sections 379 and 411 IPC arising from an employer-employee dispute.
Whether the applicant poses a risk to the court process given the nature of the offence and his antecedents.
Mali @ Rizwan
State of U.P.
Ashish Nayan Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
