Allahabad High Court
Ishak Mohammad And Another vs State Of U.P. on 6 January, 2020
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56910 of 2019 Applicant :- Ishak Mohammad and another Opposite Party :- State of U.P. Counsel for Applicant :- Sadaful Islam Jafri,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard Mr. N.I. Jafri, learned Senior Advocate assisted by Mr. S.I. Jafri, learned counsel for the applicants, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicants Ishak Mohammad and Imam Ali, who are involved in Case Crime No. 89 of 2012, under sections 420, 120-B, 467, 468 471 IPC, police station Rura, district Kanpur Dehat, are seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that applicant No. 1 is the Head Master and applicant No. 2 is Assistant Teacher of Madarsa Hidayatul Islam. Main allegation in the present case is that by fabricating forged signatures of informant Mohammad Ismail, election of Committee of Management was conducted in the year 2009. Main substratum of argument of learned counsel for the applicants is that in the present case, first information report was lodged by means of an application under section 156(3) Cr.P.C., in which a direction for investigation was issued, but after investigation, police submitted final report in favour of accused persons mentioning therein that the complicity of accused persons has been found false. Aggrieved by the said final report, informant has filed a protest application, on which further investigation was directed to be conducted by the police. Thereafter, the Investigating Officer submitted charge sheet against the applicants and co-accused Sadiq on the ground that in the Forensic Science Laboratory report, signature mentioned on the document in question was found different from the signature of informant. It has been vehemently urged that though the signature of informant has been found different, but there is no evidence on record that such forged signature was fabricated and made by the applicants, therefore, basic ingredients to constitute the offence as alleged by the prosecution are not made out against the applicants. It is also submitted by the applicants that the applicants have no concern with the election of Committee of Management held in the year 2009 and they are not connected with in any manner in the proceedings of said election. It is also submitted that the applicants have no criminal antecedent to their credit and are facing detention since 11.10.2019. It is next contended that there is no chance of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicants lastly submitted that if the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage therefore, the applicants do not deserve any indulgence. In case, the applicants are released on bail, they will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicants have made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Ishak Mohammad and Imam Ali, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
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 :- 6.1.2020 Sazia