Allowed

Ibney Ali v. State of U.P.

Allahabad HC9 Aug 2018BAIL/30126/2018

Case brief

AI extract

What is this about?

This order grants bail to the applicant Ibney Ali involved in a case under Sections 307, 504, and 506 IPC. The High Court released him on a personal bond with two sureties, imposing conditions regarding court attendance and trial procedure, and directed the trial court to expedite the trial within one year.

What did the court decide?

Released on bail with a personal bond and two sureties on specific conditions; trial directed to conclude within one year.

Ibney Ali Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30126 of 2018

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Applicant :- Ibney Ali Opposite Party :- State Of U.P. Counsel for Applicant :- S. Kamal Akhtar Khan,Sharafat Ali Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the due to some unavoidable circumstances, the applicant could not appear before the court on the dates fixed. It has further been stated that due to non appearance, non bailable warrant was issued against the applicant on 25.06.2018 and in pursuance of the same, he was arrested on 25.06.2018 and the trial is in progress. The applicant undertakes to appear before the trial court on each and every date fixed by the trial court. The applicant has no other reported criminal antecedent. The applicant is in jail since 25.06.2018.

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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 tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Ibney Ali involved in S.T. No. 133 of 2015, arising out of Case Crime No. 1986 of 2011, under Sections 307, 504, 506 I.P.C., Police Station Swar, District Rampur 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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(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.

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(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.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. 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.

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(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 Cr.P.C. 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.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.

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Order Date : - 9.8.2018 Arti

Ibney Ali v. State of U.P.

Case brief

What is this about?

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Ibney Ali v. State of U.P.

Case brief

What is this about?

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