Allowed

Akib v. State of U.P.

Allahabad HC11 Nov 2020BAIL/36931/2020

Case brief

AI extract

What is this about?

Held, the applicant Akib is released on bail given other co-accused were enlarged and trial is delayed due to pandemic. Bail granted on personal bond with temporary exemption from sureties pending normal court functioning, subject to specific conditions.

What did the court decide?

Candidate released on bail via personal bond; sureties required after normal functioning of courts or two sureties if courts functioning normally.

Akib Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36931 of 2020

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Applicant :- Akib Opposite Party :- State of U.P. Counsel for Applicant :- Prabhakar Chandel Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The fourth bail application has been filed on behalf of the applicant, Akib, with a prayer to release him on bail in Case Crime No. 401 of 2015, under Sections 395, 397, 412 IPC, Police Station Sector 39 Noida, DistrictGautam Budh Nagar, during pendency of trial.

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This is fourth bail application of the applicant. Learned counsel for the applicant has submitted that a fresh ground for moving this application is that three coaccuseds, Sayeed @ Shahid, Pawan Saini and Asif @ Rawal, have been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 26071 of 2018, 33888 of 2018 and 43810 of 2015 respectively. The role of applicant is like other co-accused persons, who have been granted bail by this Court, who was not named in the FIR. Despite the direction passed by this Court, the evidence of prosecution has not been concluded till date. There is no possibility of early conclusion of trial in view of the present situation arising out of the corona virus pandemic. The applicant is in jail since 22.4.2015.

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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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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 involved in the aforesaid crime 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 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. 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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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 :- 11.11.2020 Ruchi Agrahari

Akib v. State of U.P.

Case brief

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Akib v. State of U.P.

Case brief

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