Allowed

Mujjaphar Khan v. State of U.P. and Another

Allahabad HC14 Jun 2021BAIL/20990/2021

Case brief

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What is this about?

This High Court dismissed objections to grant bail to an accused in a case under Sections 395, 397 IPC. The court granted bail subject to conditions including a personal bond, sureties, and attendance at trial, referencing the reformative theory of punishment and Article 21 of the Constitution.

What did the court decide?

Release of applicant on bail on executing a personal bond and two heavy sureties with specified conditions.

Mujjaphar Khan Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20990 of 2021

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Applicant :- Mujjaphar Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar,Rahul Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I for the State and perused the record.

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The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. He is innocent and has no criminal antecedent. It is further submitted that there has been some dispute in regard to construction of public path and the matter is purely of civil nature. It is next contended that there are general allegations and a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged. The learned counsel for the applicant seeks parity of the bail granted by this Court today i.e. 14.6.2021 in Criminal Misc. Bail Application No. 20980 of 2021 (Mujammil Khan v. State of U.P. and another). Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 5.4.2021. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.

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Learned counsel appearing for the opposite party vehemently opposed the prayer.

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Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a

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case of bail.

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Let the applicant- Mujjaphar Khan involved in Case Crime No. 360 of 2020, under Sections 395, 397 IPC, Police Station Wazirganj, District Budaun be released on bail, on his executing a personal bond and two heavy sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned, with the following conditions:

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. The trial court shall decide the trial expeditiously, preferably within a period of six months from the date of production of a copy of this order, if there is no legal impediment.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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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Order Date :- 14.6.2021 Digamber

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Digitally signed by Justice Vivek Kumar Singh Date: 2021.06.14 15:51:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Mujjaphar Khan v. State of U.P. and Another

Case brief

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Mujjaphar Khan v. State of U.P. and Another

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