Allowed

Alman Alias Arman v. State of U.P.

Allahabad HC10 Sept 2020BAIL/22776/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 22776 of 2020, the High Court of Judicature at Allahabad granted bail to the applicant, Alman Alias Arman, charged under Section 307 read with Section 34 IPC. The court imposed strict conditions regarding trial participation and evidence tampering.

What did the court decide?

The applicant was released on a personal bond and two local sureties, subject to conditions ensuring attendance and non-interference with witnesses.

Alman Alias Arman Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22776 of 2020

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Applicant :- Alman Alias Arman Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. It is next submitted that FIR was lodged on 16.4.2020 against the applicant and two other accused persons. The general role has been assigned to all the accused. It is further submitted that informant, who is claiming himself as eye witness, in his statement before the police assigned the role of firing to applicant. He has no occasion not to disclose the name of applicant assigning the role of firing in F.I.R, which creates doubt about the prosecution story. It is further submitted that medical report of injured is not corroborated the prosecution version. Applicant is having no criminal history. He is languishing in jail since 19.4.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Alman Alias Arman , involved in Case Crime No. 294 of 2020, under Section- 307 read with Section 34 IPC, Police Station- Khurja Nagar, District- Bulandshahr be released on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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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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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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In case, the applicant misuses the liberty of bail 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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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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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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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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 :- 10.9.2020 Junaid

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Digitally signed by Justice Neeraj Tiwari Date: 2020.09.10 17:51:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Alman Alias Arman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Alman Alias Arman v. State of U.P.

Case brief

What is this about?

What did the court decide?

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