Allowed

Tajuddin v. State of U.P.

Allahabad HC13 Sept 2019BAIL/32242/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application under the Uttar Pradesh Gangsters and Anti-Social Activities Act, 1986, the court granted bail to the applicant despite the opposite party's objection, finding him entitled to release on personal bond and sureties subject to standard conditions.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions of no tampering, cooperation in trial, and no criminal activities.

Tajuddin Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32242 of 2019

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Applicant :- Tajuddin Opposite Party :- State Of U.P. Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Shri Krishna Dutt Awasthi, learned counsel for the accused- applicant, learned A.G.A. for State and perused the material available on record.

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This bail application has been filed by the accused-applicant Tajuddin, who is involved in Case Crime No. 307 of 2018, under Section 3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Phaphund, District Auraiya.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case for the purpose of harassment, therefore, false and fabricated prosecution story has been set up by the police. He further submitted that five cases have been shown in gang chart against the accused-applicant in which he has been granted bail. Applicant is in jail since 26.05.2018. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process 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. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail and without commenting upon the merit of the

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case, I am of the opinion that the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed .

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Let applicant Tajuddin be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 13.9.2019 I.A.Siddiqui

Tajuddin v. State of U.P.

Case brief

What is this about?

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Tajuddin v. State of U.P.

Case brief

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