Allowed

Zakir Ahmad Khan @ Zakir Husain v. State of U.P.

Allahabad HC15 Oct 2020BAIL/26591/2020

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant in a case involving forgery and cheating under the IPC and Passports Act. The order, made in light of the COVID-19 pandemic and citing Supreme Court precedent, grants bail subject to standard and modified conditions regarding sureties and movement.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties subject to specified conditions regarding tampering with evidence, behavior, and verification of court orders.

Zakir Ahmad Khan @ Zakir Husain Vs… — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26591 of 2020

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Applicant :- Zakir Ahmad Khan @ Zakir Husain Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Narain Pathak Counsel for Opposite Party :- G.A.,R S Dubey

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant, Shri R.S. Dubey, learned counsel for the informant and learned A.G.A.

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There is allegation against the applicant in the First Information Report lodged by his own brother that he has got number of fake passports issued and has travelled to different countries on the basis of fraudulent passports. He has furnished fabricated document for the purpose of getting such passports.

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Learned counsel for the applicant has submitted that from the allegations against the applicant the alleged offences are not made out. At the most he is required to be prosecuted under section 12 of the Passports Act, 1967. No prejudiced has been caused to the informant by the applicant.He has been falsely implicated on account of family dispute between the parties.The applicant is in jail since 20.7.2020 and has no criminal history.

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Learned counsel for the informant has vehemently opposed the bail prayer of the applicant and has brought on record number of passports and I.D. proof of the applicant which are said to be result of forged. He has further submitted that applicant is likely to be involved in criminal cases in other countries for which there is no information.

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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, Zakir Ahmad Khan @ Zakir Husain, who is involved in Case Crime No. 5615 of 2019 (Case Crime No. 166 of 2019), under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C, Police Stations Rampur Karkhana , District- Deoria, 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. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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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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8.The applicant will not leave the country without permission of the trial court.

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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 :- 15.10.2020 Atul kr. sri.

Zakir Ahmad Khan @ Zakir Husain v. State of U.P.

Case brief

What is this about?

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Zakir Ahmad Khan @ Zakir Husain v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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