Allowed

Tasleem v. State of U.P.

Allahabad HC5 Jan 2021BAIL/34457/2020

Case brief

AI extract

What is this about?

Single judge bench allowed bail application under Sections 279, 147, 148, 323, 325, 304, 427, 504 and 506 IPC. Court granted relief on personal bond without sureties due to emergent circumstances pending court functioning restoration, imposing strict conditions.

What did the court decide?

Released on bail on personal bond without sureties, requiring subsequent furnishing of sureties within a month of normal court functioning.

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

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34457 of 2020

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Applicant :- Tasleem Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.,Ashish Kumar Singh

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Hon'ble Rahul Chaturvedi,J.

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Heard Sri Deepak Rana, learned counsel for the applicant, Pradeep Kumar Singh, Advocate holding brief of Sri Ashish Kumar Singh, learned counsel for the complainant, learned A.G.A for the State and perused the record.

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By means of this application, the applicant who is involved in case crime no.106 of 2020, under Sections 279, 147, 148, 323, 325, 304, 427, 504 and 506 IPC, Police Station-Pilkhuwa, District-Hapur is seeking enlargement on bail during the trial.

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Learned counsel for the applicant submitted that the co-accused Sabir, Saleem and Rahees have already been enlarged on bail by this Court by orders dated 015.12.2020 and 04.01.2020 respectively in Criminal Misc. Bail Application Nos. 45038 of 2020 and 38226 of 2020 respectively. He further submitted that the role of the applicant is identical to that of coaccused-Sabir, Saleem and Rahees. He lastly submitted that the applicant who is in jail since 04.06.2020, is also entitled to be enlarged on bail on the ground of parity.

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Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

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Let the applicant-Tasleem , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 HER COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HER UNDER SECTION 229-A IPC.

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(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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 HER IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

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

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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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 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 :- 5.1.2021

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Abhishek Sri.

Tasleem v. State of U.P.

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Tasleem v. State of U.P.

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