Riyasat Ali Gazi v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12575 of 2023 Applicant :- Riyasat Ali Gazi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow Counsel for Applicant :- Amitabh Banerjee Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Amitabh Banerjee, the learned counsel for the applicant as well as Sri Sanjay Maurya, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 424 of 2023, under Section 419, 420, 467, 468, 471, 504 I.P.C., registered at Police Station Wazirganj, District Gonda.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

12.09.2023, alleging that the informant had purchased a four wheeler vehicle from the applicant for Rs. 3,10,000/-. He had paid Rs. 1,60,000/- in cash, transferred Rs. 1 lakh through an App and had given a cheque for Rs. 50,000/-. Subsequently, he came to know that the registration certificate of the vehicle was forged.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶5It has further been stated in the affidavit that no amount has been received by the applicant from the informant towards consideration of the vehicle.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the vehicle was allegedly transferred on 10.03.2023 whereas the F.I.R has been lodged on 12.09.2023; the applicant's categorical assumption is that he has been falsely implicated in the present case and absolutely no amount has been transferred to his account, coupled with the fact that the applicant has no criminal history and he is languishing in jail since

13.09.2023 and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Riyasat Ali Gazi be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 27.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench