Allowed

Asha Ram v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC10 May 2024/5099/2024

Case brief

AI extract

What is this about?

In an application for bail in a case involving forgery and cheating, the Allahabad High Court granted bail to the applicant, Asha Ram, a marginal witness described as handicapped and falsely implicated. The Court issued conditions regarding attendance at trial and prohibition on leaving India.

What did the court decide?

Asha Ram released on bail by furnishing a personal bond and two sureties with conditions regarding attendance and outside travel.

Asha Ram Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:36380

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5099 of 2024

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Applicant :- Asha Ram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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As per learned counsel for the applicant, the present applicant is in jail since 05.01.2024 in Case Crime No.275 of 2023, under Sections 419, 420, 467, 468 and 471 IPC, Police Station Biswan, District Sitapur.

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Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. The present applicant is a marginal witness of the sale deed in question. He was the marginal witness of the purchaser of the property in question and he does not know any other person from the side of the vendor. The present applicant is not beneficiary of the transaction in question in any manner whatsoever. The present applicant was not aware about any fraud or forgery of the transaction, if any. He has no criminal history of any kind whatsoever. Learned counsel has further submitted that the applicant undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, if granted by this Court. Further, the applicant shall abide by all terms and conditions of the bail order. The co-accused, Ram Khelawan, who was also a marginal witness has been granted bail by this Court on 18.4.2024 in Criminal Misc. Bail Application No. 4193 of 2024.

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Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.

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Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the present applicant is a handicapped person; he is a marginal witness from the side of the purchaser; the purchaser is his sister-in-law (wife of his brother); he is not beneficiary of the transaction in question, the co-accused, Ram Khelawan, who was also a marginal witness has been granted bail by this Court on 18.4.2024 in Criminal Misc. Bail Application No. 4193 of 2024 and undertaking of the applicant that he shall cooperate in the trial proceedings and

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shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

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Accordingly, the bail application is allowed .

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Let applicant- Asha Ram be released on bail in the aforesaid case crime number 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:-

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(i) 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.

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(ii) 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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(iii) 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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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v)The applicant shall not leave India without previous permission of the court.

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(Rajesh Singh Chauhan, J.)

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Order Date :- 10.5.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Asha Ram v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Asha Ram v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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