Allowed

Fahimuddin v. State of U.P.

Allahabad HC17 Dec 2020BAIL/44227/2020

Case brief

AI extract

What is this about?

Court granted bail to applicant Fahimuddin involved in a case under U.P. Gangster Act, permitting release on personal bond and two sureties subject to conditions against criminal activity and tampering with witnesses.

What did the court decide?

Released on bail by furnishing a personal bond and two reliable sureties each of like amount, subject to specific conditions including prohibition of criminal activity and tampering with evidence.

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

¶1

Court No. - 91

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44227 of 2020

¶3

Applicant :- Fahimuddin Opposite Party :- State of U.P. Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Chand,J.

¶5

Supplementary affidavit filed today on behalf of applicant by learned counsel for the applicant. The same is taken on record.

¶6

Heard learned counsel for applicant, learned A.G.A and perused the record.

¶7

This bail application has been preferred by the accusedapplicant, Fahimuddin, who is involved in Case Crime No. 568 of 2020, under Section 2/3 U.P.Gangster & Prevention of Anti Social Activities Act 1986, P.S. Phase-II, District Gautambudhnagar.

¶8

Learned counsel for the applicant has submitted that in the gang chart one case has been shown against the applicant and in that case applicant is on bail. Copy of the bail order has been annexed as Annexure-3 to the affidavit. It has also been submitted that the applicant is not involved in any anti social activities and he has been falsely implicated. The accused-applicant is in jail since 30.09.2020 as averred in para-12 of the affidavit filed in support of bail application.

¶9

Learned A.G.A has opposed the prayer for bail.

¶10

In the gang chart only one case has been mentioned

¶11

against the applicant in which he is on bail but there is criminal history of 11 cases as has been pointed out by the learned A.G.A but perusal of supplementary affidavit reflects that in six cases applicant has been granted bail by the court concerned and in five cases applicant has no concern.

¶12

Considering and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.

¶13

Let applicant, Fahimudddin, be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

¶14

(i) The applicant(s) shall not indulge in any criminal activity.

¶15

(ii) The applicant(s) shall not tamper with the prosecution evidence.

¶16

(iii) The applicant(s) shall not pressurize the prosecution witnesses.

¶17

(iv) The applicant(s) shall regularly appear on the dates

¶18

fixed by the trial court unless his personal attendance is exempted by the trial court.

¶19

In case of default of any of the conditions enumerated above, liberty may be given to the trial court to cancel the bail without any reference to this Court.

¶20

Order Date :- 17.12.2020 PS

Fahimuddin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Fahimuddin v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kallu Vs State of U.P.

Roopesh @ Chudiyal Vs State of U.P.

Rambachan Vs State of U.P.

Ramfal Vs State of U.P.

Baijnath Prasad Jaiswal Vs State of U.P.

Ashu Vs State of U.P.