Allowed

Sarfaraj @ Peer v. State of U.P.

Allahabad HC17 Nov 2020BAIL/31215/2020

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a snatching case where the applicant alleged false implication. Considering the spread of coronavirus, lack of public witness for recovery, and the Apex Court's macro-guidelines in bail matters, the court granted bail with specific conditions.

What did the court decide?

The applicant is released on bail on executing a personal bond with two sureties subject to specific conditions regarding non-interference and court failure.

Sarfaraj @ Peer Vs State of U.P. — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31215 of 2020

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Applicant :- Sarfaraj @ Peer Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Order on Crl. Misc. Exemption Application

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The exemption application is allowed.

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Order on Crl. Misc. Bail Application

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Heard Sri Mithilesh Kumar Gupta , counsel for the applicant and learned A.G.A for the State.

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Supplementary affidavit filed is taken on record.

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There is allegation against two unknown persons regarding snatching of gold chain and mangalsutra in a running train. Counsel for the applicant has submitted that the applicant has been falsely implicated in this case. Recovery of one locket has been allegedly made from the applicant but there is no public witness of recovery.

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Counsel for the applicant has submitted that the applicant has criminal history of 16 cases apart from the present case explained in supplementary affidavit already on record. The applicant has been acquitted in four cases out of the 17 cases against him. Nearly all the cases are of Police Station - G.R.P., cantt, Varanasi. The applicant is in jail since 11.07.2020 and has no criminal history to his credit.

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Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.

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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 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

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application is allowed.

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Let the applicant- Sarfaraj @ Peer , in Case Crime No. 106 of 2020, under Sections- 392 and 411 IPC, Police Station- G.R.P. Cantt, District- Varanasi 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.

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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 :- 17.11.2020 Rohit

Sarfaraj @ Peer v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sarfaraj @ Peer v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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