The Court granted bail to Sajjed Ali in a criminal case involving multiple IPC offenses. The applicant alleged false implication but the court discharged the order without expressing an opinion on merits, subjecting the grant to strict bail conditions.
Application for bail to Sajjed Ali allowed; granted on personal bond and two sureties with strict conditions.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4258 of 2021
Applicant :- Sajjed Ali Opposite Party :- State of U.P. Counsel for Applicant :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. In the FIR itself, name of five main accused, Phool Miyan S/o Saddik Khan, Mohd. Suhail Khan S/o Dilshad, Makir S/o of Jakir, Pappu S/o Ahsan and Noore S/o Sarvey Ali was disclosed and thereafter, police implicated around fifty other persons. The name of some persons also disclosed in the FIR without any specific allegation. Alleged recovery of rifle was made from the possession of Phool Miyan, who is main accused. Applicant has no criminal history and he is in jail since 13.12.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Sajjad Ali , involved in Case Crime No. 326 of 2020, under Sections- 395, 397, 307, 332, 353, 336, 504, 427, 412, 34 I.P.C. and 7 Criminal Law Amendment Act, Police Station- Alapur, District Budaun, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfilment of following conditions:-
by intimidating/ pressurizing the witnesses, during the investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.1.2021
Arvind
2 issues framed by the court
Whether to grant bail to the applicant who was falsely implicated in a criminal case involving extensive charges.
Whether standard bail conditions regarding tampering with evidence and absence from court should be imposed.
5 provisions across 2 enactments
Sajjed Ali
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
