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

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

What the court decided

AI extract

Outcome

Applicant Shamshad to be released on bail in Case Crime No.71 of 2022 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, sureties to be verified before the release order, subject to conditions of non-tampering with prosecution evidence, sincere cooperation in trial without adjournments, and abstention from criminal activity; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Shamshad, accused in Case Crime No.71 of 2022 registered under Sections 420, 120-B I.P.C., P.S. Ramraj, District Muzaffar Nagar, should be released on bail during pendency of the trial.

Court's answer

Considering the material available on record, the nature of the offence, the arguments advanced and the evidence regarding complicity of the accused, and without expressing any opinion on the merits of the case, the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Shamshad was directed to 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 the sureties to be verified before issuance of the release order.

Key takeaways

Release on bail was made subject to conditions enumerated in paras 12-14 (non-tampering with prosecution evidence or intimidating/pressurizing witnesses; sincere cooperation in the trial without seeking adjournments; no indulgence in any criminal activity after release), and breach of any such condition was declared a ground for cancellation of bail.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.) allowed the Criminal Misc. Bail Application of Shamshad in Case Crime No.71 of 2022, registered under Sections 420, 120-B I.P.C., P.S. Ramraj, District Muzaffar Nagar. Counsel contended the applicant was a marginal witness to the sale deed, that the matter was a civil dispute given the colour of criminality, that the applicant had no criminal history and had been in jail since 27.01.2025, and urged parity with co-accused Smt. Urmila @ Gona and Prabhjot Singh @ Jyoti, who had been granted bail by a Co-ordinate Bench vide orders dated 29.01.2024 and 19.12.2024 in Crl. Misc. Bail Application Nos.34802 of 2023 and 46432 of 2024. Without expressing any opinion on merits, the Court held the applicant had made out a case for bail and directed his release on a personal bond and two sureties each in the like amount (sureties to be verified beforehand), subject to conditions of not tampering with prosecution evidence or intimidating/pressurizing witnesses, sincere cooperation in the trial without adjournments, and abstention from criminal activity, breach of any condition being a ground for cancellation of bail.

Neutral Citation No. - 2025:AHC:47784

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4932 of 2025

Applicant :- Shamshad Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti 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.71 of 2022, registered under Sections 420, 120-B I.P.C., P.S. Ramraj, District Muzaffar Nagar, during pendency of the trial.

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 is marginal witness of the sale deed. The applicant has no concern with the alleged offence. It is a civil dispute which has been given colour of criminality. Civil dispute is pending between the parties. It is next submitted that similarly placed co-accused, namely, Smt. Urmila @ Gona and Prabhjot Singh @ Jyoti have been granted bail by the Co-ordinate Bench of this Court vide orders dated 29.01.2024 and 19.12.2024 passed in Crl. Misc. Bail Application Nos.34802 of 2023 and 46432 of 2024, respectively and the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant has no criminal history. The applicant is languishing in jail since 27.01.2025. 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- Shamshad , 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 :- 4.4.2025 Meenu Singh

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