Allowed

Omji v. State of U.P.

Allahabad HC19 Sept 2019BAIL/34298/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 34298 of 2019, HC Court No. 75 allowed bail for Omji accused under Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, 1956, noting claims of false implication and stating no merit of the case is commented upon.

What did the court decide?

Released on bail by furnishing personal bond, two sureties, and filing undertaking subject to conditions of not tampering evidence and cooperating with trial.

Omji 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. - 34298 of 2019

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Applicant :- Omji Opposite Party :- State Of U.P. Counsel for Applicant :- Purushottam Dixit Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

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Accused-applicant, involved in Case Crime No.403 of 2019, under Section 3/4/5 Immoral Traffic (Prevention) Act, 1956, Police Station Friends Colony, District Etawah, applied for bail.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. He further submitted that other co-accused, namely, Kishan @ Sahir, Saflar @ Ruksar and Gajana @ Gajala have been granted bail by this Court vide orders dated 13.9.2019 and 11.9.2019 in Criminal Misc. Bail Application Nos. 34793 of 2019, 34850 of 2019 and 34738 of 2019 respectively. Applicant is in jail since 14.7.2019. 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 and submitted that the applicant has been arrested from the house of one Jubaida alias Bhuri where illegal trafficking was going on.

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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, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed .

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Let applicant Omji be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable

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sureties and filing an undertaking 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 or case.

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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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However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. Order Date :- 19.9.2019

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Manoj

Omji v. State of U.P.

Case brief

What is this about?

What did the court decide?

Omji v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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Case details

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