Allowed

Arshad v. State of U.P.

Allahabad HC8 Jun 2021BAIL/22097/2021

Case brief

AI extract

What is this about?

The High Court of Allahabad allowed bail for Arshad in a murder case under the U.P. Gangsters Act and related IPC/IT Act charges. The court granted bail after noting prior bail grants but imposed strict conditions regarding witness tampering, court appearances, and proclamation consequences.

What did the court decide?

Release on bail via personal bond and two local sureties subject to strict conditions regarding witness tampering, court appearance, and proclamation compliance.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22097 of 2021

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Applicant :- Arshad Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Crime No.491 of 2020, under Section 2/3 of U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, P.S. Goverdhan, District Mathura.

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Learned counsel for the applicant submits that according to gang chart, Case Crime No.248 of 2020, under Sections 120-B I.P.C. and 66-D I.T. Act, P.S. Goverdhan, District Mathura, Case Crime No.271 of 2020, under Section 120-B I.P.C. and 66-D I.T. Act, P.S. Goverdhan, District Mathura and Case Crime No.273 of 2020, under Section 120-B I.P.C. and 66-D I.T. Act, P.S. Goverdhan, District Mathura have been registered against the applicant. In all cases, he has been granted bail by court below. He further submits that apart from the gang chart, applicant has criminal history of four cases and in all cases also he has been granted bail by court below which has been explained in para 9 of the affidavit filed in support of bail application. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 09.04.2021.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that apart from the gang chart applicant has also criminal history of four cases, therefore, he is not entitled for bail.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of accused on bail in other cases, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Arshad involved in aforesaid case crime be released on bail on his/her furnishing a personal

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bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he/she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her 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 him/her, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/her in accordance with law.

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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. 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 :- 8.6.2021 Jitendra

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Digitally signed by Justice Ali Zamin Date: 2021.06.08 17:12:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Arshad v. State of U.P.

Case brief

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Arshad v. State of U.P.

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