Allowed

Hasan Raja v. State of U.P. Thru. Its Prin. Secy. Home, Civil Sectt. Lko.

Allahabad HC9 May 2024/3184/2024

Case brief

AI extract

What is this about?

Bail application under Sections 419, 420, 467, 468, 471, 504 and 506 IPC for forgery/cheating case. Applicant, a marginal witness aged about 65 with no criminal history, sought parity with two co-accused beneficiaries already on bail. Court allowed bail on grounds of parity with conditions.

What did the court decide?

Applicant Hasan Raja released on bail subject to furnishing personal bond and two reliable sureties each in like amount to satisfaction of trial court, with six specified conditions.

Hasan Raja Vs State of U.P. Thru. Its Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:36013

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3184 of 2024

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Applicant :- Hasan Raja Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Civil Sectt. Lko. Counsel for Applicant :- Yogeshwar Sharan Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No. 0529 of 2017, under Sections 419, 420, 467, 468, 471, 504 and 506 of IPC, Police Station - Mankapur, District - Gonda

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Learned counsel for applicant submits that applicant has no criminal history and matter is triable by magistrate. He submits that co-accused Ravi Prakash has been enlarged on bail by this Court vide order dated 04.04.2019 passed in Bail No.3541 of 2019 another co-accused Kesari Chandra Mishra has also been enlarged on bail by this Court vide order dated 09.12.2019 passed in Bail No.11726 of 2019.

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He further submits that both the aforesaid co-accused persons were the beneficiaries who have been enlarged on bail by this Court. Applicant is a marginal witness aged about 65 years. Applicant claims parity with the bail orders of aforesaid coaccused persons submitting that case of the applicant is on better footing than that of aforesaid co-accused persons. Applicant is languishing in jail since 01.02.2024.

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Learned A.G.A. has opposed the bail prayer however, does not

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dispute the fact that co-accused persons who have beneficiaries have been enlarged on bail.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 01.02.2024 having no criminal history as also the fact that applicant seeks parity with the bail orders of aforesaid coaccused persons, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed on the grounds of parity .

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Let the applicant Hasan Raja be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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

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

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(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.

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(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

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abuse of liberty of bail and pass orders in accordance with law.

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(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.

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(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.

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Order Date :- 9.5.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Hasan Raja v. State of U.P. Thru. Its Prin. Secy. Home, Civil Sectt. Lko.

Case brief

What is this about?

What did the court decide?

Hasan Raja v. State of U.P. Thru. Its Prin. Secy. Home, Civil Sectt. Lko.

Case brief

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What did the court decide?

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