Allowed

Jabbir Ali v. State of U.P.

Allahabad HC11 Sept 2018BAIL/34442/2018

Case brief

AI extract

What is this about?

Upon hearing submissions regarding false implication and political rivalry, the High Court granted bail to the applicant on a personal bond with two sureties. The court directed the trial court to expedite the proceedings within one year, citing relevant Apex Court precedents regarding bail in FIR cases of heinous nature without independent witnesses.

What did the court decide?

Released on bail on personal bond with two sureties, subject to conditions; trial court directed to conclude trial within one year.

Jabbir Ali 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. - 34442 of 2018

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Applicant :- Jabbir Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Prasad Mathur Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Vivek Prasad Mathur, learned counsel for the applicant, learned AGA for the State and perused the material brought on record.

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The submission of learned counsel for the applicant is that applicant has been falsely implicated due to political rivalry. Further submission is that applicant has not committed the offence as alleged. There is no independent witness of the alleged incident. Applicant was arrested from the village market area on the next date of alleged incident. Further submission is that in the present case arrest of co-accused has been stayed by a Division Bench of this Court vide order dated 21.6.2018 in Crl. Misc. Writ Petition No. 16422 of 2018. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 9.6.2018, has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant Jabbir Ali, be released on bail in Case Crime No.71 of 2018, under Sections 366-A, 452, 506, 511, 120B IPC, Section 3(2)(V) of SC/ST Act and Section 16,17 of POCSO Act, Police Station- Khesraha,DistrictSiddharthnagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner

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whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Keeping in view the dictum of the Apex Court in the case of Alakh Alok Srivastava v. Union of India and others reported in AIR 2018 SC 2004, 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 :- 11.9.2018

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ssm

Jabbir Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jabbir Ali v. State of U.P.

Case brief

What is this about?

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