Allowed

Altaf Alias Raza Khan v. State of U.P.

Allahabad HC10 Jun 2021BAIL/21485/2021

Case brief

AI extract

What is this about?

In a Criminal Misc. Bail Application filed by Altaf Alias Raza Khan against the State of U.P., the court allowed the bail plea based on the prima facie case, reasonable apprehension of witness tampering, and the nature of the offence, without expressing an opinion on the merits of the prosecution's charge.

What did the court decide?

The applicant was released on bail after executing a personal bond and furnishing two sureties, subject to conditions not to tamper with evidence or commit any crime.

Altaf Alias Raza Khan Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 88

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21485 of 2021

¶3

Applicant :- Altaf Alias Raza Khan Opposite Party :- State of U.P. Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.

¶4

Hon'ble Arvind Kumar Mishra-I,J.

¶5

Heard learned counsel for the applicant and the learned A.G.A. for the State.

¶6

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case and he has not committed any offence. The story of the prosecution has been said to be false and baseless. It has also been stressed upon that the applicant and the victim both are indulged in consensus love affairs. He added that victim is major and is aged about 18 years. The applicant has no criminal history. He further submits that in case, he is admitted to bail, there is no possibility of his absconding and misusing the liberty of bail. 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 has no criminal history and is languishing in jail since 27.12.2020.

¶7

The learned A.G.A. has vehemently opposed the prayer.

¶8

Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.

¶9

Let the applicant- Altaf Alias Raza Khan- involved in case crime no.840 of 2020, under Sections 366, 368, 376 IPC, Police Station- Ghaziabad Kotwali, district Ghaziabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

¶10

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶11

He will cooperate in the trial bonafidely without seeking adjournments.

¶12

He shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶13

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶14

Order Date :- 10.6.2021 Raj

¶15

Digitally signed by Justice Arvind Kumar Mishra Date: 2021.06.14 15:02:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Altaf Alias Raza Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Altaf Alias Raza Khan 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

Parties & counsel

Coram

Case details

Similar cases

Prempal Vs State of U.P.

Kunwarpal Vs State of U.P.

Ravikant Yadav@ Ravi Vs State of U.P.

Rajeev Vs State of U.P.

Mahboob Vs State of U.P.

Vishal Vs State of U.P. and Another