Awarded bail in a bail application filed under sections 420, 467, 468, 471, 120-B, 447 IPC regarding alleged violation of a civil court injunction order. Bail granted with conditions including furnishing a personal bond.
Release on bail condition upon furnishing a personal bond and two sureties in the like amount.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20335 of 2020
Applicant :- Israr Khan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Aslam,Sumit Goyal Counsel for Opposite Party :- G.A.,Dhiraj Kumar Pandey,Prateek Tyagi,Shishir Tandon
Hon'ble Siddharth,J.
List of supplementary fresh cases has been revised.
On the last date learned AGA pointed out that applicant has criminal history of one case under Section 376 I.P.C.,also.
Learned counsel for the applicant has filed supplementary affidavit stating that the aforesaid case has resulted in filing of final report in the year 2013 and does not survives at present.
Heard learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant, Israr Khan, with a prayer to release him on bail in Case Crime No. 455 of 2019, under Sections 420, 467, 468, 471, 120-B, 447 IPC, Police Station Sadar Bazar, District- Saharanpur during pendency of trial.
The allegation against the applicant in the first information report is that despite status quo order passed by the Civil Court, applicant violated the injunction order and made construction over the plot in dispute.
Learned counsel for the applicant has submitted that there was no cause for lodging the first information report since there is remedy under 39 Rule, 2A of C.P.C available to the informant. The first information report has been lodged in abuse of process of Court. The applicant is in jail since 24.12.2019 and has criminal history of eight cases explained in para 15 of the affidavit filed in support of the bail application.
Learned AGA has opposed the prayer for bail of the applicant.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum
of Apex Court 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, let the applicant involved in the aforesaid crime 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 with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 14.10.2020 SS
2 issues framed by the court
Whether the applicant is eligible for bail in the instant criminal proceedings.
Whether the criminal history of the applicant is a sufficient ground to deny bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶13
Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Israr Khan
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
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