Allowed

Ehtisham @ Ehtisham Khan v. State of U.P.

Allahabad HC2 Feb 2021BAIL/2442/2021

Case brief

AI extract

What is this about?

Hon'ble Court granted bail to the applicant in a case under Section 392 IPC. The applicant was falsely implicated based on CCTV footage and was languishing in jail. Bail was granted subject to stringent conditions regarding tampering with evidence, attendance in court, and avoiding abuse of liberty.

What did the court decide?

Applicant released on bail on personal bond and two local sureties subject to conditions of not tampering with evidence, avoiding adjournments, and appearing in court.

Ehtisham @ Ehtisham Khan 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. - 2442 of 2021

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Applicant : Ehtisham @ Ehtisham Khan Opposite Party :- State of U.P. Counsel for Applicant :- P.H. Vashishtha,Muktesh Singh 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 available 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 Case Crime No.0621 of 2020, under Section 392 I.P.C., Police Station Prem Nagar, District Bareilly.

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It is submitted by learned counsel for the applicant that on 21.10.2020 FIR was lodged against unknown persons. He further submits that applicant is not named in the FIR. Applicant's name has been surfaced on the basis of CCTV footage. He next submits that no recovery has been made from the possession of the applicant by the police. He further submits that applicant has been falsely implicated in the instant case. 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 30.10.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of offence, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Ehtisham @ Ehtisham Khan involved in the 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 :-

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(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.

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(ii) The applicant shall file an undertaking to the effect that he 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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(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, then, the trial court shall initiate proceedings against him, 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 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 :- 2.2.2021

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m.a.

Ehtisham @ Ehtisham Khan v. State of U.P.

Case brief

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Ehtisham @ Ehtisham Khan v. State of U.P.

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