Allowed

Julfikar v. State of U.P.

Allahabad HC7 Aug 2018BAIL/29593/2018

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal matter under the Indian Electricity Act. The court observed that despite some non-appearance due to livelihood reasons, the applicant was entitled to release subject to conditions.

What did the court decide?

Released on bail by furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to conditions of appearance and no tampering.

Julfikar Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29593 of 2018

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Applicant :- Julfikar Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Rajesh Kumar Sharma, learned counsel for the applicant and learned A.G.A. appearing for the State.

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Learned counsel for the applicant submitted that the applicant was granted bail in the aforesaid case on 16.7.2018 and thereafter he regularly attend the Court for twelve years. He next submitted that in order to earn his livelihood the applicant had gone to Gujarat and as a result thereof he could not appear before the trial court on few dates and his bail was cancelled whereupon he surrendered before the trial court on 11.7.2018 and since then he is in jail. He further submitted that non appearance of the applicant before the trial court on few dates was not deliberate but due to the reason stated herein above. He next submitted that the applicant shall attend the court each and every date in future and co-operate in the expeditious disposal of the trial. He lastly submitted that the applicant, who has no criminal antecedents to his credit and he is in jail since 11.7.2018, is entitled to be enlarged on bail during pendency of the trial.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this

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case.

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Let the applicant Julfikar involved in Case Crime No. 283 of 2008, under Section 135 Indian Electricity Act, P.S. Dhaulana, district-Ghaziabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 7.8.2018

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Faridul

Julfikar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Julfikar v. State of U.P.

Case brief

What is this about?

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What the court decided

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