Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16037 of 2021 Applicant :- Ahmar Haroon @ Sebu Opposite Party :- State of U.P.
Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Ahmar Haroon @ Sebu, in connection with Case Crime No.437 of 2017, under Sections 419, 420, 467, 468, 471, 506 IPC, Police Station Pipari, District Kaushambi.
Heard Mr. K.P. Singh, learned Counsel for the applicant and Mr. S.S. Tiwari, learned A.G.A. appearing for the State through video conferencing.
The submission of learned counsel for the applicant is that this is a second FIR relating to the same incident, the first being Crime No.437 of 2017, relating to Police Station Pipari, District Kaushambi. It is particularly argued that the FIR is a fall out of a dispute about ancestral property of the family and nothing more. It is also submitted that no offence under Section 420 IPC, much less a cheating by impersonification is made out. It is particularly urged that the allegations show that there was no accomplished offence, but only preparation, inasmuch as the documents like Aadhar Card etc. secured by the applicant to get a sale deed executed by an imposter was never utilized to actually execute a sale deed. For the worst, it could be a case of attempt and nothing more. The criminal history of the applicant has been explained in paragraph Nos.11, 12, and 13 of the affidavit. It is urged that the applicant is in jail since 20.11.2018 and has already suffered more than two years of incarceration as an under trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the present prosecution proceeds on a second FIR relating to the same incident, the fact that prima facie the cheating by impersonification has not crossed the stage of preparation and, in any case, stage of attempt, the fact that the applicant has suffered incarceration as an under trial for a period of above two years, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Ahmar Haroon @ Sebu, in connection with Case Crime No.437 of 2017, under Sections 419, 420, 467, 468, 471, 506 IPC, Police Station Pipari, District Kaushambi be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 12.5.2021 NSC