Allowed

Usman v. State of U.P.

Allahabad HC7 Aug 2020BAIL/1438/2020

Case brief

AI extract

What is this about?

The Court allowed the third bail application of Usman, implicated under Section 489-B IPC for possession of fake currency notes. Citing a Supreme Court precedent and Article 21, considering the spread of COVID-19 and lack of specific allegations against him, the Court ordered his release on personal bond and sureties with specific conditions.

What did the court decide?

Applicant released on personal bond and two sureties subject to specified conditions; bail effective after short-term bail period under Gangsters Act.

Usman Vs State of U.P. — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1438 of 2020

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Applicant :- Usman Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Singh,Neeraj Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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This is the third bail application.The first bail application was rejected on 7.1.2016 and second bail application was rejected on 19.1.2018.

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The allegation in the First Information Report is that applicant was found in possession of fake currency notes of Rs. one lacs.He has been implicated for the offence under section 489-B I.P.C.However from the perusal of the record it appears that there is no allegation of selling, buying and receiving fake currency note by the applicant.

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Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case by planting fake currency note.Six prosecution witnesses have been examined till date and six more prosecution witnesses are still to be examined and they are the police personals,therefore there is no possibility of threatening by the applicant.There is no possibility of earlier conclusion of the trial in view of spread of Novel Corona Virus.The applicant is in jail since 22.6.2015. After implication of the present case, applicant has been implicated under the Gangsters Act.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court

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in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Usman, who is involved in Case Crime No. 687 of 2015, under Section 489-B I.P.C, Police Station-Khurja Nagar , DistrictBulandshahar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 7.8.2020 Atul kr. sri.

Usman v. State of U.P.

Case brief

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Usman v. State of U.P.

Case brief

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