Allowed

Talib v. State of U.P.

Allahabad HC11 Nov 2020BAIL/38639/2020

Case brief

AI extract

What is this about?

Court allowed exemption and bail for applicant Talib in a criminal case involving multiple IPC and pandemic-related charges. Bail granted on personal bond without sureties until courts resume normal functioning, subject to specific conditions.

What did the court decide?

Released on bail via personal bond without sureties until normal court functioning resumes; sureties required within one month thereafter.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38639 of 2020 Applicant :- Talib Opposite Party :- State of U.P. Counsel for Applicant :- Syed Mohammad Nawaz,Shahabuddin 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 Syed Mohammad Nawaz and Sri Shahabuddin, counsels for the applicant and learned A.G.A for the State.

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This bail application has been preferred by the accusedapplicant, Talib , who is involved in Case Crime No. 90 of 2020, under Sections 147, 148, 149, 188, 269, 336, 270, 332, 353, 307, 504, 427, 506/34, 323/34 IPC and Section 3/4 Lok Sampatti Nuksan Nivaran Adhiniyam & Section 7 of Criminal Law Amedment Act & Section 51 Aapda Prabandha Adhiniyam & section 3 of Mahamari Adhiniyam, police station -Nagphani, District -Moradabad.

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Co-accused, Mohd. Nazim @ Shannu, has already been granted bail vide order dated 24.9.2020 passed in Criminal Misc. Bail Application No. 29171 of 2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 24.06.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Let applicant 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 with the following conditions-

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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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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 his under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail 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 his, in accordance with law, under Section 174-A of the Indian Penal Code.

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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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

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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 :- 11.11.2020

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Rohit

Talib v. State of U.P.

Case brief

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Talib v. State of U.P.

Case brief

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