In a significant ruling, the Allahabad High Court has cancelled the bail granted to Zakir Ali @ Hazi Zakir, who was accused of duping Farook, the informant, of ₹31.5 lakhs in a fraudulent property sale. The court found that the accused had misused the liberty granted by the earlier bail and repeatedly misrepresented facts before both the lower courts and the High Court. The decision was rendered by Justice Mayank Kumar Jain on September 26, 2024, in Criminal Misc. Bail Cancellation Application No. 69 of 2023.
Background of the Case
The case originates from a property transaction in which Zakir Ali entered into an agreement with Farook for the sale of three flats in Moradabad for ₹8 lakhs each. Between RTGS transfers, cheque payments, and cash, Farook paid a total of ₹31.5 lakhs to Zakir Ali. Despite receiving the full payment, Zakir Ali failed to execute the sale deeds and, instead, issued cheques that were dishonoured due to insufficient funds. Further investigation revealed that Zakir had already executed a sale agreement for the same property with another party.
On being confronted, Zakir allegedly hurled abuses and issued life threats to Farook. Subsequently, an FIR was lodged, and Zakir Ali was charged under Sections 420 (Cheating), 406 (Criminal Breach of Trust), 504 (Intentional Insult), and 506 (Criminal Intimidation) of the Indian Penal Code.
Legal Proceedings
Farook moved the court seeking cancellation of Zakir Ali’s bail, which had been granted on September 21, 2022, by the Special Judge, SC/ST Act, Moradabad, in connection with Case Crime No. 1166 of 2020. Farook argued that Zakir had misled the lower court by concealing his extensive criminal history, which included 11 previous cases.
It was also pointed out that Zakir had misrepresented himself under different names in various legal proceedings, deliberately confusing the courts and the informant. Zakir was granted bail after submitting misleading affidavits, and despite the court’s orders to surrender and cooperate, he evaded arrest multiple times.
Court’s Key Observations
The High Court made scathing remarks on Zakir Ali’s conduct during the trial, stating that he had:
– Misused the liberty of bail: Zakir had repeatedly threatened the informant and his father, pressuring them to withdraw the case. These actions were captured on CCTV and led to further FIRs being registered against him.
– Tampered with evidence and witnesses: Zakir’s threats to Farook were deemed an attempt to prevent witnesses from testifying freely.
– Misrepresented facts before the court: Zakir had submitted false affidavits, claiming that his case was a matrimonial dispute, which was proven to be a money-related transaction.
– Concealed his criminal history: Zakir did not disclose his involvement in 11 other criminal cases, further indicating his malafide intentions.
Important Quotes from the Judgment
– The court, while referring to Zakir Ali’s persistent misrepresentation, stated, “The opposite party appears to be a manifestation of the age-old quote that ‘to err is human, to repent is divine but to persist is devilish’.”
– The court further added that Zakir Ali’s conduct “demonstrates his clear intention to evade legal processes and mislead the courts at every step.”
Decision
The Allahabad High Court concluded that the bail order issued by the lower court had ignored critical facts and was based on misleading information provided by Zakir Ali. As a result, the court cancelled the bail, ordering Zakir to surrender within 10 days. Justice Jain remarked that Zakir’s actions during the trial warranted not only the cancellation of his bail but also further scrutiny in the ongoing criminal proceedings.
Legal Representation
– For the applicant (Farook): Advocates Akash Dwivedi, Rajeev Lochan Shukla, and Sanjay Shukla
– For the opposite party (Zakir Ali): Advocate Shashi Kant Shukla and Government Advocate Ambikesh Kumar Sharma
