Allowed

Minhaj Waris v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko.

Allahabad HC7 Aug 2024/10040/2023

Case brief

AI extract

What is this about?

Court allowed bail application filed by Minhaj Waris in a case involving cheating and forgery. Officer finds it fit to grant bail without expressing opinion on merits, subject to personal bond, sureties, and standard conditions to prevent tampering and ensure presence in court.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties with conditions against tampering and ensuring court attendance.

Minhaj Waris Vs State of U.P. Thru. Prin. Secy. Home Civil… — Bail and Remand | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:54367

¶2

Court No. - 14

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10040 of 2023

¶4

Applicant :- Minhaj Waris Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko.

¶5

Counsel for Applicant :- Arshad Siddiqui,Devendra,Shashi Kant Tripathi,Vinay Kumar,Vivek Chandra Counsel for Opposite Party :- G.A.,Shashi Kant Tripathi

¶6

Hon'ble Karunesh Singh Pawar,J.

¶7

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶8

Learned counsel for the applicant submits that the applicant has been falsely implicated. He has not prepared any forged visa and passport. He submits that alleged recovery by the police is false. There no independent witness to the said recovery. The offences are triable by Magistrate. Charge-sheet has been filed. The applicant undertakes to cooperate in the trial. He is in jail since 18.6.2023.

¶9

It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

¶10

Learned A.G.A. opposed the prayer for bail and has submitted that recovery memo as well as the statement of the applicant shows his complicity.

¶11

On due consideration to the fact that the applicant is languishing in jail since 18.6.2023, charge-sheet has been filed, offence is triable by Magistrate and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

¶12

Accordingly, bail application is allowed . Let the applicant, Minhaj Waris

¶13

involved in Case Crime No. 705 of 2023, under Section 420, 467, 468, 471 Indian Penal Code, Police Station Kotwali Nagar, District Barabanki, 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 with the following conditions which are being imposed in the interest of justice:-

¶14

(i) The applicant will not tamper with the evidence during the trial.

¶15

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

¶16

(iii) The applicant 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.

¶17

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶18

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

¶19

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶20

Order Date :- 7.8.2024

¶21

Madhu

¶22

Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Minhaj Waris v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko.

Case brief

What is this about?

What did the court decide?

Minhaj Waris v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rameshwar Shukla Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Puneet Jaiswal Vs State of U.P. Thru. Prin.Secy. Home Lucknow and 3 Others

Durgesh Dixit Vs State of U.P. Thru. Prin.Secy. Home Deptt. and 2 Others.

Kuldeep Sharma Vs State of U.P. Thru. Prin. Secy. Home Lko.

Awadhesh Kumar Singh Anticipatory Bail Vs State of U.P. and Anr.

Himanshu Chhabra Vs State of U.P. Thru. Prin. Secy. Civil and Another