Allowed

Akeel Khan v. State of U.P.

Allahabad HC25 Oct 2018BAIL/40573/2018

Case brief

AI extract

What is this about?

In a criminal bail application, the single judge applicant sought release alleging false implication in a murder case. Without ruling on merits, relying on Article 21 and a Supreme Court directive regarding bail in triable offences, the court granted bail subject to personal bond and sureties with strict conditions.

What did the court decide?

Release of the applicant on bail in Case Crime No. 499 of 2018 on furnishing a personal bond and two sureties subject to specified conditions.

Akeel Khan 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. - 40573 of 2018

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Applicant :- Akeel Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Pulak Ganguly Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Pulak Ganguly, learned counsel for the applicant, Sri Abhinav Prasad, 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 is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the present case is a cross case in which both side persons received injuries on their person, at this stage it is not specified that as to which of the party is aggressor. 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 14.09.2018 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, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Let applicant Akeel Khan be released on bail in Case Crime No. 499 of 2018, under Sections 147, 148, 149, 307, 323, 504, 506 IPC, Police Station- Premnagar, District- Bareilly 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 trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence

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and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner 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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Order Date :- 25.10.2018 Arti

Akeel Khan v. State of U.P.

Case brief

What is this about?

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Akeel Khan v. State of U.P.

Case brief

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