Allowed

Zeeshan v. State of U.P.

Allahabad HC8 Sept 2020BAIL/25176/2020

Case brief

AI extract

What is this about?

In a bail application under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, the High Court granted bail to the applicant, Zeeshan, imposing strict conditions regarding evidence tampering, attendance, and consequences of procedural defaults.

What did the court decide?

Release of applicant on bail with personal bond and two sureties subject to strict conditions including detention under proclamation if absent after issuance.

Zeeshan Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 34

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25176 of 2020

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Applicant :- Zeeshan Opposite Party :- State of U.P. Counsel for Applicant :- Shweta Pandey,Punita Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sunita Agarwal,J.

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

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The present bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 114 of 2020, under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Chandpur, District Bijnor, during pendency of trial.

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The applicant has been implicated in the offences under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act.

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The submission is that the applicant was not named in the first information report nor there was any recovery from him. He was, however, implicated on the statement of co-accused during the course of investigation. Even otherwise, the allegation in the first information report dated 5.3.2020 that the applicant is a member of a gang which is indulging in organized crime, is false. The applicant is languishing in jail since 20.7.2020.

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Learned A.G.A., however, opposed the prayer for bail.

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Considering the facts and circumstances of the case as also the submissions made above, without expressing any opinion as to the merits of the case, this Court is of the opinion that the applicant is entitled to be enlarged on bail.

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Let applicant- Zeeshan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses;

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(ii) 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 abuse of liberty of bail and pass orders in accordance with law;

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(iii) 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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(iv) 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; and

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(v) 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 :- 8.9.2020 Brijesh

Zeeshan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Zeeshan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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