Tuesday, November 29, 2022

Allahabad High Court grants bail to man accused of selling Waqf property in Bareilly

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The Allahabad High Court has allowed the bail application of Shahnawaz Uddin, accused of selling Waqf property in Aonla police station area of Bareilly district.

A Single Bench of Justice Suresh Kumar Gupta passed this order while hearing a Criminal Misc Bail Application filed by Shahnawaz Uddin.

The applicant is involved in Case under Sections 420, 467, 468, 471 IPC, Police Station Aonla, District Bareilly.

The Counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case.

He further submitted that the allegation against the applicant was that the applicant sold the Waqf property.

He also submitted that as per provision of Section 15 (2) A of the Clause 3 of the Waqf Act in the such type of the case, the cognizance will be taken by the tribunal, therefore, FIR should not be filed. The applicant has been in jail since 5.8.2022. For the reasons contained in the aforementioned order, the applicant is also entitled for bail.

Counsel for the applicant said that if the applicant is released on bail, he would not misuse liberty of bail and is ready to cooperate in the trial.

Counsel for the first informant and Additional Government Advocate submitted that without any authority the applicant has sold the property of waqf. The offence is serious in nature. Therefore, the bail application of the applicant is liable to be rejected.

“Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail”, the Court observed.

The Court ordered, “Let applicant Shahnawaz Uddin be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions, which are being imposed in the interest of justice:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. The applicant shall not tamper with the evidence.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 CrPC is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 CrPC.

If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law,” the order read.

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