Allowed

Nazre Alam v. State of U.P.

Allahabad HC8 Oct 2021BAIL/33865/2021

Case brief

AI extract

What is this about?

In a bail application, the court considered the applicant's claim of false implication, the absence of prior criminal record, and jail overcrowding during the pandemic. Wishing to decide only on the bail petition without expressing opinions on the merits, the court found it suitable to grant bail under Section 437 of the Code of Criminal Procedure.

What did the court decide?

Applicant released on bail on furnishing a personal bond with two sureties subject to conditions regarding trial attendance, no tampering with witnesses and no illegal activities.

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

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33865 of 2021

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Applicant :- Nazre Alam Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Pradeep Kumar, learned counsel for the applicant, learned AGA, appearing for the State and perused the material brought on record.

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It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to suspicion. It is next contended that applicant is not named in the First Information Report his name surfaced in the confessional statement of the co-accused after fourteen days. It is next contended that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged. There is no independent, impartial reliable witness of the alleged incident. It is next contended that nothing has been recovered from the possession of the applicant or on his pointing out. In fact recovery shown against the applicant is planted by the police personnel of the concerned Police Station. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that applicant has no previous criminal history it is after the arrest of the applicant police implicated the applicant in several cases. It is lastly contended that there is no possibility of applicant's either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 15.06.2021, and undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c)

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No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Nazre Alam , be released on bail in Case Crime No.256 of 2021, under Sections- 379, 411 IPC, Police StationKotwali, District- Maharajganj, on furnishing a personal bond and two sureties of each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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

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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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the

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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.

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Order Date :- 8.10.2021 Ujjawal

Nazre Alam v. State of U.P.

Case brief

What is this about?

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Nazre Alam v. State of U.P.

Case brief

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