Allowed

Arif Khan v. State of U.P.

Allahabad HC22 Jan 2021BAIL/3244/2021

Case brief

AI extract

What is this about?

The Court granted bail to the applicant, Arif Khan, in a case under the U.P. Gangsters Act. Several conditions were imposed regarding appearances, cooperation, and prohibition of tampering or further criminal activity.

What did the court decide?

Enlargement of applicant on bail subject to personal bond, two sureties, and specific undertaking to adhere to trial court proceedings and conditions.

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

¶1

Court No. - 69

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3244 of 2021

¶3

Applicant :- Arif Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Dwivedi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Neeraj Tiwari,J.

¶5

Supplementary affidavit filed today be taken on record.

¶6

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

¶7

It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case and he has not committed the alleged offence. It is further submitted that six cases have been shown against the applicant in the Gang Chart and in the said cases, the applicant has been granted bail, copies of the bail orders have been annexed as Annexure-4 to the affidavit filed in support of bail application. There is criminal history of five other cases of the applicant out of which in four cases applicant has been granted bail and one case is not pertaining to applicant, but it was against some other person. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 04.10.2019, undertakes that he will not misuse the liberty, if granted.

¶8

Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

¶9

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Arif Khan , involved in Case Crime No. 333 of 2020, under Section- 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Bahedi, District -Bareilly, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

¶10

This bail order would be subject to the fulfilment of following conditions:-

¶11

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

¶12

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶13

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

¶14

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;

¶15

In case, the applicant misuses the liberty of bail 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.

¶16

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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶17

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

¶18

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶19

Order Date :- 22.1.2021 Sartaj

Arif Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arif 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sachin Kumar Vs State of U.P.

Mairaj Vs State of U.P.

Ekrar @ Jaraila Vs State of U.P.

Mohit Vs State of U.P.

Sri Niwas Vs State of U.P.

Raju @ Rajkumar Vs State of U.P.