Allowed

Halim Kuraishi v. State of U.P.

Allahabad HC27 Mar 2019BAIL/11460/2019

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application seeking release of an applicant accused of offenses under Section 353 IPC and Excise Act. The court granted bail based on the reformative theory of punishment and Article 21, finding no merit in the prosecution case without expressing an opinion on the case's merits.

What did the court decide?

Released on bail on personal bond and two heavy sureties subject to conditions of cooperation, no tampering, and no unlawful activities.

Halim Kuraishi Vs State of U.P. — Cheque Dishonour | Allahabad HC (2019)

¶1

Court No. - 69

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11460 of 2019

¶3

Applicant :- Halim Kuraishi Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Chaturvedi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard Sri Sushil Kumar Chaturvedi, learned counsel for the applicant, Sri Sanjay Singh, learned AGA appearing for the State and perused the material brought on record.

¶6

It has been submitted by the learned counsel for the applicant that applicant is a poor person and doing job of a labour as a Khalasi in the alleged truck from which the alleged recovery is shown to have been made and applicant had no knowledge about the genuineness of the goods loaded in the alleged truck but the local police has falsely implicated the applicant in the present case due to ulterior motive. It is further submitted that there is no evidence to connect the applicant with the present matter. There is no independent witness of the alleged recovery. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that applicant has no previous criminal history and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 17.12.2018, and undertakes that he will not misuse the liberty, if granted.

¶7

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

¶8

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.

¶9

Let applicant- Halim Kuraishi, be released on bail in Case Crime No.334 of 2018, under Sections 353 IPC and 60/72 of Excise Act, Police StationNasirpur, district- Firozabad, on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:--

¶10

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

¶11

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

¶12

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

¶13

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

¶14

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.

¶15

Order Date :- 27.3.2019 ssm

Halim Kuraishi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Halim Kuraishi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Harendra Vs State of U.P.

Fareed Vs State of U.P.

Surendra Rajbhar Vs State of U.P.

Navin Nishchal Vs State of U.P.

Krishna Kumar Singh Vs Narcotc Control Bureau Lucknow

Wazid Vs State of U.P.