Allowed

Nadeem v. State of U.P.

Allahabad HC19 Sept 2019BAIL/36810/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 36810 of 2019, the court released the applicant Nadeem on bail citing parity with co-accused already granted bail under Article 21. Bail was granted subject to furnishing a bond and specific conditions regarding court attendance and absence.

What did the court decide?

Applicant Nadeem released on bail by furnishing a personal bond with two sureties subject to specific conditions.

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36810 of 2019

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Applicant :- Nadeem Opposite Party :- State Of U.P. Counsel for Applicant :- Kalpana Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Kalpana Singh, learned counsel for the applicant and learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the co-accused Tariq and Dr. Bengali Srivas Bishwas having similar role have been granted bail by this Court vide order dated 17.11.2018 and 13.12.2018 in Criminal Misc. Bail Application Nos.9893 of 2018 and 18417 of 2017, a copy of the said order have been annexed as annexure No.7 to the present bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 20.12.2016.

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Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated coaccused Tariq and Dr. Bengali Srivas Bishwas have already been granted bail.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Without expressing any opinion on the merits of the case let the applicant- Nadeem involved in Case Crime No.745 of 2016, under Sections 363, 328, 323, 506 and 376-D IPC, Police Station Dakshin (South) Firozabad, District Firozabad, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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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

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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 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 :- 19.9.2019 Ravi Kant

Nadeem v. State of U.P.

Case brief

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Nadeem v. State of U.P.

Case brief

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