Allowed

Naveen @ Navee Khan v. State of U.P.

Allahabad HC8 May 2019BAIL/19396/2019

Case brief

AI extract

What is this about?

Allowed bail application filed by Naveen @ Navee Khan in a criminal case involving IPC sections 420, 411, and 413. Court dismissed arguments against bail noting prior enlargement and lack of flight risk, releasing him on personal bond and sureties subject to standard conditions.

What did the court decide?

Applicant released on bail after executing a personal bond and two reliable sureties subject to conditions against tampering with evidence, criminal activity, and intimidation of witnesses.

Naveen @ Navee Khan Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19396 of 2019

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Applicant :- Naveen @ Navee Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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By means of this application the applicant Naveen @ Navee Khan has prayed to release him on bail in Case Crime No. 401 of 2017, u/s 41/102 Cr.P.C., 420, 411, 413 I.P.C., P.S. Pali, District Lalitpur.

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Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

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Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in all those cases, which were said to be upon recovery on the pointing out of the applicant, whereas there was no independent public witness of the alleged recovery nor he made any confession nor recovery was in continuation of the above confession nor were connected with the above case. The accused-applicant has been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 17333 of 2019 vide order dated 25.4.2019 in which he was initially apprehended. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.

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Learned AGA has vehemently opposed the bail application but could not oppose the fact that the accused- applicant has been enlarged on bail, as above.

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Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.

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Accordingly, the bail application is allowed .

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Let the applicant, Naveen @ Navee Khan, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 8.5.2019

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Pcl

Naveen @ Navee Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Naveen @ Navee Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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