Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42146

of 2022

Applicant :- Nawab

Opposite Party :- State of U.P.

Counsel for Applicant :- Mohd. Akbar Shah Alam

Khan,Mohd. Naushad,Mohd. Naushad Siddiqui,Rajiv Sisodia

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Amit Kumar Chauhan, Advocate holding brief of Sri

Mohd. Naushad Siddiqui, learned counsel for the applicant and

Sri Jhamman Ram, learned AGA for the State.

The instant bail application has been moved on behalf of the

applicant with the prayer to release him on bail in Case Crime

No.570 of 2019 under Sections 406, 504, 506 IPC P.S. Kairana

District Shamli during pendency of the trial.

According to the FIR, applicant embezzled Rs.1,85,000/- of the

informant.

Learned counsel for the applicant submits that the entire

allegation made against the applicant is totally false and

baseless and applicant in the present matter is in jail since

29.1.2022 i.e. for the last about one year and all the offences

under Sections 406, 504, 506 IPC are triable by the Magistrate

Ist Class and the maximum punishment under Section 406 IPC

is 3 years. He next submits that applicant is not having any

criminal history.

Per contra, learned AGA although opposed the prayer for bail

but could not dispute the fact that applicant in the present

matter is in jail since 29.1.2022 i.e. for the last about one year

and all the offences under Sections 406, 504, 506 IPC are

triable by the Magistrate Ist Class and the maximum

punishment under Section 406 IPC is 3 years.

I have heard learned counsel for the parties and perused the

record of the case.

There is allegation against the applicant that he embezzled

Rs.1,85,000/- of the informant and he is facing trial under

Sections 406, 504, 506 IPC and applicant in the present matter

is in jail since 29.1.2022 i.e. for the last about one year.

As all the offences under Sections 406, 504, 506 IPC are triable

by the Magistrate Ist Class and the maximum punishment under

Section 406 IPC is 3 years and applicant is in jail since

29.1.2022 i.e. for the last about one year, in my view, applicant

is entitled to be released on bail.

In the light of discussions made above, without expressing any

opinion on the merits of the case, the instant bail application is

allowed.

Let the applicant-Nawab 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 the court concerned with the

following conditions:-

(i) The applicant shall appear before the trial court on the dates

fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make

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 any police officer or tamper with the

evidence.

(iii) The applicant shall not indulge in any criminal and anti-

social activity.

In case of breach of any of the above conditions, the

prosecution will be at liberty to move an application before this

Court for cancellation of the bail of the applicant.

Order Date :- 25.1.2023

SP

Digitally signed by :-

SALIM PRAVEJ

High Court of Judicature at Allahabad