The Special High Court allowed a set of joint bail appeals filed against orders rejecting bail in a criminal case involving cheque-related fraud and SC/ST Act offences.
Appellants to be released on bail upon furnishing a personal bond and two sureties each subject to specific conditions including payment of stolen money.
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. - 93
Case :- CRIMINAL APPEAL No. - 4020 of 2022
Appellant :- Smt. Nazma Respondent :- State of U.P. and Another Counsel for Appellant :- Bharat Singh Counsel for Respondent :- G.A. with Case :- CRIMINAL APPEAL No. - 4156 of 2022
Appellant :- Rifa Naaj @ Laliya Respondent :- State of U.P. and Another Counsel for Appellant :- Lalta Prasad,Prabhat Kumar Singh Counsel for Respondent :- G.A.
with Case :- CRIMINAL APPEAL No. - 4685 of 2022
Appellant :- Naeem @ Naeemuddin Respondent :- State of U.P. and Another Counsel for Appellant :- Umair Mahmood Counsel for Respondent :- G.A. with Case :- CRIMINAL APPEAL No. - 3983 of 2022
Appellant :- Rashid Respondent :- State of U.P. and Another Counsel for Appellant :- Meraj Ahmad Khan Counsel for Respondent :- G.A. with Case :- CRIMINAL APPEAL No. - 4349 of 2022
Appellant :- Raffan Respondent :- State of U.P. and Another Counsel for Appellant :- Safiullah Counsel for Respondent :- G.A.
Hon'ble Surendra Singh-I,J.
Heard learned counsel for the appellant, the learned A.G.A. for the State and perused the material available on record.
The Criminal Appeal No. 4020 of 2022 under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been filed against the order dated 24.05.2022 passed by the Special Judge, (SC/ST) Act, Moradabad, whereby the learned Judge has rejected the Bail Application No. 1370 of 2022 of the appellant moved by her in Case Crime No. 79 of 2022, under Sections 420,386,323,504,506,342,411/34 I.P.C. & Section 3(2)(v), 3(1) (r), 3(1)(s) of SC/ST Act, Police Station- Kundarki, DistrictMoradabad.
The Criminal Appeal No. 4156 of 2022 under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 24.05.2022 passed by the Special Judge, (SC/ST) Act, Moradabad, whereby the learned Judge has rejected the Bail Application No. 1310 of 2022 of the appellant moved by him in Case Crime No. 79 of 2022, under Sections 420,386,323,504,506,342,411/34 I.P.C. & Section 3(2)(v), 3(1) (r), 3(1)(s) of SC/ST Act, Police Station- Kundarki, DistrictMoradabad.
The Criminal Appeal No. 4685 of 2022 under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 24.05.2022 passed by the Special Judge, (SC/ST) Act, Moradabad, whereby the learned Judge has rejected the Bail Application No. 1741 of 2022 of the appellant moved by him in Case Crime No. 79 of 2022, under Sections 420,386,323,504,506,342,411/34 I.P.C. & Section 3(2)(v), 3(1) (r), 3(1)(s) of SC/ST Act, Police Station- Kundarki, DistrictMoradabad.
The Criminal Appeal No. 3983 of 2022 under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated
12.05.2022 passed by the Special Judge, (SC/ST) Act, Moradabad, whereby the learned Judge has rejected the Bail Application No. 1293 of 2022 of the appellant moved by him in Case Crime No. 79 of 2022, under Sections 420,386,323,504,506,342,411/34 I.P.C. & Section 3(2)(v), 3(1) (r), 3(1)(s) of SC/ST Act, Police Station- Kundarki, DistrictMoradabad.
The Criminal Appeal No. 4349 of 2022 under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 04.05.2022 passed by the Special Judge, (SC/ST) Act, Moradabad, whereby the learned Judge has rejected the Bail Application No. 1314 of 2022 of the appellant moved by her in Case Crime No. 79 of 2022, under Sections 420,386,323,504,506,342,411/34 I.P.C. & Section 3(2)(v), 3(1) (r), 3(1)(s) of SC/ST Act, Police Station- Kundarki, DistrictMoradabad.
Since the aforesaid criminal appeals, namely, Criminal Appeal Nos. 4020 of 2022, 4156 of 2022, 4685 of 2022, 3983 of 2022 and 4349 of 2022, arise from the same Case Crime No. 79 of 2022 and the same case diary placed before the Court by the learned A.G.A. in these criminal appeals, they are being decided and disposed of by a common order.
According to prosecution case, the accused-appellant Naeem had borrowed Rs. 50,000/- from the informant, Murari Lal, on the pretext of marriage of his daughters but despite asking several time to return the money, he did not return. On 08.04.2022 accused-appellant Naeem, under the guise of returning the money, took the informant to co-accused Rashid’s home at Kundarkee Kasba, Moradabad, where co-accused Rashid was present with one woman, aged about 40 years.
Thereafter, co-accused Jabir alias Pahalwan along with one unknown person arrived there. The accused persons put off the clothes of the informant and snapped obscene photographs of him with the said woman and threatened to false implication in a rape case and to kill him and took his ATM. They withdrew a total Rs. 25000/- using his ATM Card from his account. Thereafter, the accused persons threatened the informant to false implication in a criminal case unless he gives Rs. two lacs to them.
It has been submitted on behalf of the appellant that :-
(i) the appellant has been falsely implicated in the present case due to ulterior motive;
(ii) the FIR has been lodged against three named and two unknown persons;
(iii) the informant (PW-1) in his cross examination dated 13.01.2023 before the Court has denied the incident relating to fraudulently taking his obscene photographs with Fatima @ Rifa Naz and Nazma and asking them to pay Rs. two lacs, under the threat of false implication in criminal cases.
(iv) the informant has stated in his cross examination before the Trial Court that he lodged the FIR in order to compel the appellant to pay the money borrowed by him.
(v) the appellants Rashid and Naeem are ready to return the money taken from the informant.
(vi) the appellant Naeem is in jail since 02.05.2022. The other accused-appellants, namely Smt. Nazma, Rifa Naaj alias Laliya, Rashid and Raffan are languishing in jail since 15.04.2022. In case, they are enlarged on bail, they will not misuse the liberty of bail.
Per contra, learned A.G.A. opposed the prayer for bail of the
appellant but he could not dispute the aforesaid factum of the case as argued by the learned counsel for the appellant.
Considering the submissions advanced by the learned counsel for the appellants, learned A.G.A. for the State, facts and circumstances of the case, statement of the informant (P.W.-1), the willingness of the appellants to return the money to the informant without admitting the prosecution, period of incarceration of the appellants but without expressing any opinion on the merits of the case, this Court is of the opinion that the appellant has made out a case for bail.
Accordingly, the aforesaid Criminal Appeals are hereby allowed. The impugned orders rejecting the bail applications of the appellants are hereby set aside.
Let the appellants, Smt. Nazma, Rifa Naaj alias Laliya, Naeem alias Naeemuddin, Rashid and Raffan , 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 concerned with the following conditions:-
(i) That the appellants Rashid and Naeem shall pay to the informant Rs. 30000/- each through a bank draft in favour of informant, Murari Lal, to be submitted before the Trial Court concerned within fifteen days of their release from jail. The Trial Court shall release the amount to the informant after due identification but without asking him for any security.
(ii) That the appellant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(iii) That the appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the
evidence.
(iv) That after his release, the appellant shall not involve in any criminal activity.
(v) The identity, status and residential proof of sureties will be verified by court concerned before the release of the appellant on bail.
It is made clear that in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the appellant.
It is also made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court/J.J.Board shall be absolutely free to arrive at its independent conclusion on the basis of evidence led, uninfluenced by any finding or observation whatsoever in this order.
The copy of this order be placed on the record of abovementioned Criminal Appeals.
Order Date :- 1.2.2023 Brijesh Maurya
Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail applications of the appellants were to be allowed or dismissed.
3 provisions across 2 enactments
Smt. Nazma
Rifa Naaj @ Laliya
Naeem @ Naeemuddin
Rashid
Raffan
State of U.P.
Surendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
