Dismissed

Nisar v. State of U.P.

Allahabad HC9 Sept 2020BAIL/25821/2020

Case brief

AI extract

What is this about?

In a bail application under the Gangster Act, the court released the applicant Nisar on personal bond and sureties, imposing conditions regarding evidence tampering, attendance, and prohibition of adjournments, without addressing the merits of the case.

What did the court decide?

Release on bail via personal bond and two sureties subject to conditions of not tampering with evidence, filing an undertaking against adjournments, remaining present during trial and specific stages,

Nisar 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. - 25821 of 2020

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Applicant :- Nisar Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan 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 and learned A.G.A for the State.

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The present bail application has been filed by the applicant in Case Crime No.126 of 2019 under Sections 2/3 of Gangster Act I.P.C, Police Station- Chilkana, District-Saharanpur with the prayer to enlarge him on bail.

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The present bail application is being pressed on the ground that the applicant herein has been implicated under Section 2/3 of the Gangster Act on the premise that he is a member of gang which indulges in Anti Social Activity.

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Submission is that in two criminal cases which are made basis of implication of the applicant under the Gangster Act, bail has been granted to the applicant by the court concerned with the finding that no recovery has been made from the possession of the applicant at his instance.

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The co-accused Fareed @ Prince @ Parish who has been stated to be the gang leader in the First Information Report dated 5.4.2019 has been granted bail by this Court in the judgment and order dated 27.6.2019 passed in Criminal Misc. Bail Application No.25052 of 2019. The applicant is languishing in jail since 02.03.2020.

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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, without expressing any opinion as to the merits of the case, this Court is of the opinion that the applicant is entitled to be released on bail.

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Let applicant -Nisar 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,

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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 :- 9.9.2020 Harshita

Nisar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nisar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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