Allowed

Parvej Alias Parvesh v. State of U.P.

Allahabad HC1 Dec 2020BAIL/26770/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a bail application under Sections 327 and 342 IPC. The court relied on the larger mandate of Article 21 and a Supreme Court precedent without expressing an opinion on the merits of the case conditions.

What did the court decide?

Release on bail via personal bond and two sureties, subject to conditions including cooperation in trial and no tampering with witnesses.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26770 of 2020

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Applicant :- Parvej Alias Parvesh Opposite Party :- State of U.P. Counsel for Applicant :- Vishwa Nath Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Vishwa Nath Pandey, 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, Parvej Alias Parvesh, with a prayer to release him on bail in Case Crime No. 143 of 2019, Under Sections 327 and 342 IPC, Police Station- Dumariyaganj, District Siddharthnagar pendency of trial.

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The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The further submission advanced by learned counsel for the applicant is that the applicant has not been named in the FIR and only on the basis of statement of co-accused, he has been implicated in the present case. It is also submitted that the entire prosecution story appears to be false and there is no specific allegation against the applicant. It is further submitted that the co-accused Khaleel having identical role to the applicant had already been granted bail by the co-ordinate Bench of the Court vide order dated 23.6.2020 passed in Criminal Misc.Bail Application No. 16166. The applicant that the applicant is languishing in jail since 4.1.2020 and criminal history of 09 cases which has been explained in paragraph no.4 to the supplementary affidavit filed today.

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Learned AGA vehemently opposed the prayer for bail of the applicant, but unable to controvert the facts mentioned above.

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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- Parvej

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Alias Parvesh i nvolved in the aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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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.

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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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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 :- 1.12.2020 Akbar

Parvej Alias Parvesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Parvej Alias Parvesh v. State of U.P.

Case brief

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What did the court decide?

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