Allowed

Rukhsar Ahmad Shah v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC14 Nov 2024/11933/2024

Case brief

AI extract

What is this about?

In this Criminal Misc. Bail Application, the court considered the release of the applicant who was in custody. The judgment granted bail noting the pendency of Section 138 proceedings, which prima facie barred the criminal trial under Section 143 of the Negotiable Instruments Act.

What did the court decide?

Release of the applicant on a personal bond and two sureties conditioned to appear in court and not interfere with witnesses.

Rukhsar Ahmad Shah Vs State of U.P. Thru. Prin. Secy… — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:75368

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Court No. - 29

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11933 of 2024

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Applicant :- Rukhsar Ahmad Shah Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Salman Abbas,Syed Waqar Husain Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Salman Abbas, the learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 1272 of 2018, under Section 420, 406, 467, 468, 469, 470, 471, 323, 506 I.P.C., registered at Police Station Gazipur, District Lucknow.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 24.12.2018, alleging that the informant had made some investment in Umeed Trading Company owned by the applicant's husband Rukhsar Ahmad Shah, but his invested amount was not repaid by the company and some cheques given to him by the co-accused, were disnohonoured by the bank.

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In the affidavit filed in support of the bail application, it has been stated that on same set of facts the complainant has filed a complaint under Section 138 Negotiable Instruments Act.

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The applicant's criminal history of 29 other cases of similar nature has been disclosed in para 19 of the affidavit filed in support of the bail application. It has also been submitted on

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behalf of the applicant that the co-accused Firdous Shah has already been granted bail by this court by means of an order dated 09.08.2023, passed in Criminal Misc. Bail Application No.10053 of 2023.

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The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the complainant has already filed an application under Section 138 of Negotiable Instruments Act and the criminal proceedings prima facie appear to be barred by Section 143 of Negotiable Instruments Act; that the co-accused Firdous Shah has already been enlarged on bail whereas the applicant is languishing in jail since 19.06.2021 and as per the statement made by the learned counsel for the applicant the trial is yet to commence, coupled with the fact that the applicant is languishing in jail since 29.10.2017 and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant-Rukhsar Ahmad Shah be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court unless his appearance is exempted by learned trial court.

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[Subhash Vidyarthi, J.]

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Order Date :- 14.11.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rukhsar Ahmad Shah v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

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Rukhsar Ahmad Shah v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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