Allowed

Faisal Khan v. State of U.P.

Allahabad HC27 Jan 2021BAIL/3016/2021

Case brief

AI extract

What is this about?

The court disposed of an anticipatory bail application filed by Faisal Khan in a theft case. Granting bail with a personal bond and two sureties, the judge imposed strict conditions to prevent tampering with evidence, ensure presence in court, and avoid abuse of bail.

What did the court decide?

Released on bail with a personal bond and two local sureties subject to conditions of presence and non-interference.

Faisal Khan Vs State of U.P. — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3016 of 2021

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Applicant :- Faisal Khan Opposite Party :- State of U.P. Counsel for Applicant :- Rinki Gupta 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 Case Crime No.133 of 2020, under Sections 379, 411 IPC, Police Station Collectorganj, District Kanpur Nagar.

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Learned counsel for the applicant submits that on 08.11.2020 police party apprehended the applicant and other accused and cigarettes of various brands were recovered from their possession of which no license could be shown by the accused persons and that these cigarettes were stolen by them on 12.10.2020. He further submits that the case of the applicant is at par with the co-accused Subham Sahu, who has been enlarged on bail by co-ordinate Bench of this Court vide order dated 25.01.2021 in Criminal Misc. Bail Application No.2227 of 2021 therefore, the applicant is entitled for bail on the ground of parity. 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 there is criminal history of seven cases against the applicant, which have been explained at Para 6 of the affidavit and he is languishing in jail since 08.11.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that that there is criminal history of seven cases against the applicant.

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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 co-accused on bail and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Faisal Khan involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties

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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 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 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.

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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 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.

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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 :- 27.1.2021 Zafar

Faisal Khan v. State of U.P.

Case brief

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Faisal Khan v. State of U.P.

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