This is a bail application filed by Farhan in a case involving cheating and forgery. The High Court allowed the bail application, observing that the applicant had made out a case for bail in view of the overlapping civil dispute.
Application allowed; Applicant released on bail on a personal bond and two sureties subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 60016 of 2022
Applicant :- Farhan Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Sharma,Saurabh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Re: Crl. Misc. Exemption Application No.01 of 2022
Exemption application is allowed.
Re: Order on Bail Application
Heard learned counsel for the applicant and Sri Vishwa Deepak Mishra, 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.259 of 2022, under Sections 420, 467, 468, 471 and 120-B I.P.C., P.S. Anoop Shahar, District Bulandshahr, during pendency of the trial.
It is alleged in the F.I.R. that informant got the property of one Smt. Ayesha on account of inheritance but applicant prepared forged documents and claimed himself as son of Ayesha and mutated his name over the property in dispute.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case due to ulterior motive. The dispute is purely civil in nature and civil suit is pending before the trial court. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 19.09.2022 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, Farhan, who is involved in the aforesaid case crime, be released on bail on his 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 31.1.2023 Meenu Singh
Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant was entitled to be released on bail having considered the allegations and the pendency of the civil suit.
Whether the applicant made out a good bail case bearing in mind the nature of the offence and complicity.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021Referred¶13
Farhan
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
