Mohd. Arif vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Mohd. Arif vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Mohd. Arif on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before issuance of the release order, subject to conditions against tampering with prosecution evidence, requiring sincere cooperation in the trial without seeking adjournment, and prohibiting indulgence in any criminal activity.

Issue for consideration

Whether the applicant, Mohd. Arif, should be released on bail in Case Crime No. 280 of 2024 (Sections 420, 406, 467, 468, 471, 120-B I.P.C.), P.S. Najibabad, District Bijnor, during pendency of the trial.

Ratio / Principle

Considering the material available on record, the nature of the offence, the arguments advanced on behalf of the parties and the evidence on record regarding the applicant's complicity, and without expressing any opinion on the merits of the case, the Court found that the applicant had made out a case for bail.

Key takeaways

The bail application is allowed; the applicant shall be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before release, subject to conditions that he shall not tamper with prosecution evidence, shall cooperate sincerely in the trial without seeking adjournment, and shall not indulge in any criminal activity; breach of these conditions shall be a ground for cancellation of bail.ratio¶¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.; Order dated 3.4.2025) allowed Criminal Misc. Bail Application No. 10717 of 2025 and granted bail to applicant Mohd. Arif in Case Crime No. 280 of 2024 under Sections 420, 406, 467, 468, 471, 120-B I.P.C., P.S. Najibabad, District Bijnor, during pendency of trial. As per the F.I.R., the informant and named accused persons entered into an agreement to sell the disputed property; the named accused received an amount through a cheque which was dishonoured; co-accused Shabnam executed the sale deed in favour of one Suraj Singh, and the advance amount given to the accused persons was not returned. Counsel for the applicant submitted that the applicant was innocent and falsely implicated due to ulterior motive, had no concern with the alleged agreement to sell, was not owner of the property, and that no amount was transferred into his account, describing the matter as a civil dispute given the colour of criminality; the applicant's criminal history was stated to have been explained in the bail application, and he was languishing in jail since 23.11.2024. Learned A.G.A. opposed the bail prayer. Considering the material on record, the nature of the offence and the evidence regarding complicity, and without expressing any opinion on the merits, the Court held that the applicant had made out a case for bail and released him on a personal bond and two sureties each in the like amount, subject to conditions of non-tampering with prosecution evidence, sincere cooperation in the trial without seeking adjournment, and abstention from criminal activity, breach whereof would be a ground for cancellation of bail.

Neutral Citation No. - 2025:AHC:46485

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10717 of 2025

Applicant :- Mohd. Arif Opposite Party :- State of U.P. Counsel for Applicant :- Indrajeet Kumar Shukla,Kaushal Mishra Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 280 of 2024, under Sections 420, 406, 467, 468, 471, 120-B I.P.C., P.S. Najibabad, District Bijnor, during pendency of the trial.

As per F.I.R. allegation, the informant and named accused persons entered into agreement to sale of the disputed property. Thereafter, named accused person received amount through cheque and the cheque has been dishonored. The sale deed has been executed by co-accused Shabnam to one Suraj Singh and advance amount, given to the accused persons, has not been returned. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has no concern with the alleged agreement to sale. He is not owner of the property and no amount has been transferred in the account of the applicant. It is a civil nature dispute which has been given colour of criminality. The applicant has criminal history which has been explained in the bail application. The applicant is languishing in jail since 23.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail.

The bail application is allowed.

Let the applicant- Mohd. Arif , who is involved in the aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 3.4.2025 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad