Allowed

Imran v. State of U.P.

Allahabad HC11 Jun 2021BAIL/4204/2021

Case brief

AI extract

What is this about?

This single-judge criminal miscellaneous bail application was heard by Hon'ble Ajay Bhanot, J. regarding an FIR involving theft, cheating, and grievous hurt. The court found merit in the applicant's submissions about false implication and overcrowding due to the pandemic. The bail application was allowed.

What did the court decide?

The applicant Imran is released on bail under Sections 379, 411, 420, 468, 471, 307, 413, 414, 504 IPC on furnishing a personal bond and two sureties.

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

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Court No. - 6

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4204 of 2021

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Applicant :- Imran Opposite Party :- State of U.P. Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Mirza Ali Zulfaqar, learned counsel for the applicant and learned A.G.A for the State through video conferencing mode.

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A first information report was lodged against the applicant as Case Crime No.0312 of 2020 at Police Station- Civil Lines District- Rampur on 23.09.2020 under Section379, 411, 420, 468, 471, 307, 413, 414, 504 IPC and Section 3/25 Arms Act.

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The bail application of the applicant was rejected by learned District and Sessions Judge, Rampur on 16.12.2020.

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The applicant is in jail since 23.09.2020, pursuant to the said F.I.R.

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Sri Mirza Ali Zulfaqar, learned counsel for applicant contends that the applicant has been falsely implicated. There is no independent witness to the recovery. No member of the police party was injured in the firing. Co-accused Shahadat and Bhoora have been granted bail by this court by orders dated 22.02.2021 and 04.02.2021 rendered in Criminal Misc. Bail Applications No. 9463 of 2021 and 1200 of 2021. The applicant claims parity with the aforesaid co-accused. The applicant has explained his criminal history. Lastly it is contended by Sri Mirza Ali Zulfaqar, learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall

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not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.

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Courts have taken notice of the overcrowding of jail during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) 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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I see merit in the submissions of the learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant Imran be released on bail in Case Crime No.312 of 2020 at Police Station- Civil Lines District- Rampur under Sections 379, 411, 420, 468, 471, 307, 413, 414, 504 IPC on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally as and when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(ii) 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

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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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(iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case 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.

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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

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(vi) 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 :- 11.6.2021 Nadeem Ahmad

Imran v. State of U.P.

Case brief

What is this about?

What did the court decide?

Imran v. State of U.P.

Case brief

What is this about?

What did the court decide?

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