Allowed

Shah Nawaj Hussain v. State of U.P.

Allahabad HC12 Apr 2018BAIL/44324/2017

Case brief

AI extract

What is this about?

Nawaj Hussain, accused in a theft case under Section 380 IPC, applied for bail citing false implication and lack of recovery. The Court granted bail subject to strict conditions regarding court attendance and avoiding adjournments during evidence, imposing statutory penal provisions for violation.

What did the court decide?

Release on bail subject to a personal bond and two sureties, with strict conditions regarding attendance and conduct during trial.

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

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44324 of 2017

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Applicant :- Shah Nawaj Hussain Opposite Party :- State Of U.P. Counsel for Applicant :- Pramod Kumar Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Rekha Dikshit,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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Learned counsel for the applicant has submitted that accused applicant has falsely been implicated in the present case on the ground of suspicion. It is further submitted that there is a delay of two days in lodging the first information report and no plausible explanation has been given. No recovery in connection with the present incident has been made from the possession of the applicant. The accused applicant is languishing in jail since 06.08.2017. It is next submitted that the applicant has criminal history of 13 cases, in which he is on bail. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Without expressing any opinion on the merits of the case and 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, the applicant is entitled to be released on bail in this case.

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Let the applicant, namely, Shah Nawaj Hussain involved in Case Crime No.1325 of 2017, under Sections 380 IPC, Police Station Khalilabad, District Sant Kabir Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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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

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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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Order Date :- 12.4.2018 Anupam S/-

Shah Nawaj Hussain v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shah Nawaj Hussain v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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