Allowed

Anwar Alias Annu v. State of U.P.

Allahabad HC21 Dec 2021BAIL/36371/2021

Case brief

AI extract

What is this about?

Single Judge granted bail to an applicant falsely implicated in an offence involving injury, noting lack of convincing material to indicate tampering with evidence. Bail granted on personal bond and sureties with strict conditions regarding attendance and witness protection.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to strict conditions regarding attendance and conduct.

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

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36371 of 2021

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Applicant :- Anwar Alias Annu Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Suneet Kumar,J.

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Heard learned counsel for the applicant, learned counsel for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant involved in Case Crime No. 212 of 2021, under Sections 147, 336, 506, 308 I.P.C., registered at Police Station Syohara, District Bijnor.

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As per prosecution case, six accused persons are said to have caused injury by stones, bricks, lathi and danda; several persons were sitting outside the home of Pradhan but injury was caused to nine year old child on the head; there is single injury. It is urged that applicant has been falsely implicated due to pradhani rivalry; author of the injury has not been identified by any of the prosecution side; applicant is languishing in jail since 12.04.2021, having no criminal antecedent and in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, learned AGA opposed the prayer for bail, however, does not dispute the fact.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Anwar Alias Annu , 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 he 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

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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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However, It is made clear that in case the applicants indulge in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.

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Order Date :- 21.12.2021 Mukesh Kr.

Anwar Alias Annu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anwar Alias Annu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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