Allowed

Naushad v. State of U.P.

Allahabad HC29 Jul 2021BAIL/22412/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a case under the U.P. Gangster Act. The court released him on a personal bond and two local sureties due to lack of specific merit issues but subject to standard conditions regarding witness tampering and court appearances.

What did the court decide?

Accused released on personal bond and two local sureties of equal amount subject to specified conditions.

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

¶1

Court No. - 66

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22412 of 2021

¶3

Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Priya Ranjan Rai Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ali Zamin,J.

¶5

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

¶6

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.25 of 2021, under Section 3(1) of U.P.Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Bilariyaganj, District Azamgarh

¶7

Learned counsel for the applicant submits that as per gang chart a criminal case is registered against the applicant in which he has been enlarged on bail by this Court on 27.01.2021 in Criminal Misc. Bail Application No.5860 of 2021. Apart from the case mentioned in the gang chart two more cases are registered against the applicant in which he has been enlarged on bail by the court below. He further submits that co-accused Fauaad has been enlarged on bail in Criminal Misc. Bail Application No.21256 of 2021 vide order dated 01.07.2021, therefore, on the ground of parity he is entitled for bail. He also submits that 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 and the applicant is languishing in jail since 19.03.2021.

¶8

Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

¶9

Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, enlargement of co-accused on bail and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Naushad involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

¶10

(i) The applicant shall file an undertaking to the effect that he 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.

¶11

(ii) 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 him under Section 229-A of the Indian Penal Code.

¶12

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

¶13

(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 in accordance with law.

¶14

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶15

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 of cancellation of bail.

¶16

Order Date :- 29.7.2021 MAA/-

¶17

Digitally signed by Justice Ali Zamin Date: 2021.07.29 18:38:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Naushad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Naushad 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

Mahaveer Vs State of U.P.

Rodas Vs State of U.P.

Balram Vs State of U.P.

Sharif and Another Vs State of Up

Neeraj Pathak Vs State of U.P.

Ishran and another Vs State of U.P.