Allowed

Sabir Ali v. State of U.P.

Allahabad HC4 Dec 2021BAIL/35889/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 35889 of 2021, the Court allowed the bail application of Sabir Ali in a murder and riot case, directing his release on a personal bond given pandemic conditions, with a directive to furnish sureties once courts resume normal functioning.

What did the court decide?

Release on bail on personal bond (sureties to be furnished within a month of normal court functioning) subject to conditions not to tamper with evidence, cooperate in trial, and not commit any crime.

Sabir Ali 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. - 35889 of 2021

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Applicant :- Sabir Ali Opposite Party :- State of U.P. Counsel for Applicant :- Niklank Kumar Jain,Amit Daga Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Amit Daga, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 341 of 2018, registered under Sections 302, 147, 148/34 and 120-B I.P.C., Police Station Harduaganj, District Aligarh during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the FIR and the applicant's name surfaced on confessional statement of coaccused. The applicant having criminal history, the same has been explained in para 29 of the affidavit. He further contended that co-accused, namely, Dr. Yasin, Nadeem and Irfan have been granted bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos.16613 of 2019, 22721 of 2019 and 5987 of 2019 vide orders dated 23.04.2019, 30.05.2019 and 25.11.2019, respectively. The case of applicant is identical with the case of co-accused, hence, the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 18.09.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and the Apex Court view pertain to the Article 21 of the Constitution of India held in In human conditions in 1382 Prisons, In re: (2017) 10 SCC 658 and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of

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the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Sabir Ali, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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

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

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

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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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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 :- 4.12.2021 Nitin Verma

Sabir Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sabir Ali v. State of U.P.

Case brief

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