Sabir v. State of U.P.
Case brief
What is this about?
Single judge allowed bail jumping application after applicant accepted lapse and furnished personal undertaking to appear in trial court and cooperate during proceedings upon release on bail with sureties.
What did the court decide?
Released on bail by executing personal bond and furnishing two sureties along with undertaking not to repeat mistake and to appear in court.
What the court decided
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42451 of 2018
Applicant :- Sabir Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
It is a case of bail jumping. The applicant claims that he was on bail, but to ailment, he could not appear before the court concerned, as a result of which, Non-Bailable Warrant has been issued against the applicant. The learned counsel for the applicant submits that the applicant has not deliberately and intentionally avoided the proceedings of the trial court. Learned counsel for the applicant also submits that the applicant is ready to furnish an undertaking that, in case, he is released on bail, he will not repeat the such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings.
The learned A.G.A. has vehemently opposed the prayer for bail.
In view of the submissions and the undertaking to be given by the applicant that he will not repeat such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings,
Issues for consideration
2 issues framed by the court
Whether the bail application of an applicant accused of bail jumping should be allowed in view of his personal undertaking not to repeat the mistake.
What conditions should be incorporated in the bail order regarding the applicant's future conduct and compliance.
Parties & counsel
- applicant
Sabir
Coram
Arvind Kumar Mishra-I
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/42451/2018
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