Aadil v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47596 of 2023 Applicant :- Aadil Opposite Party :- State of U.P. Counsel for Applicant :- Haya Rizvi Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard Ms. Ifra Fatima, Advocate holding brief of Ms. Haya Rizvi, learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2In terms of the FIR, it was alleged that the informant was a resident of a property, however, recently she went at her property and found that one Hasim has occupied the property in question and refused to vacate the same and also threatened the informant, it is argued that persons named in the FIR namely Hasim has already been enlarged on bail vide order dated 7.11.2023.

¶3It is argued that although the name of the applicant does not surface in the FIR, a letter of allotment issued by the applicant by some broker which turned out to be forged and fabricated. It is argued that the applicant does not claim his ownership over the property in question.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5In view of the said statement coupled with the fact that applicant has no criminal history and the main accused has already been enlarged on bail, there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Aadil be released on bail in FIR/ Case Crime No. 242 of 2023, under Sections 420, 467, 468, 471, 448, 504, 506 IPC, P.S. Web City, District Ghaziabad, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 7.11.2023 S.A. High Court of Judicature at Allahabad