Allowed

Masoom v. State of Up

Allahabad HC27 Jan 2021BAIL/48162/2020

Case brief

AI extract

What is this about?

The High Court today entertained a bail application filed by Masoom in a case under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. The application was initially filed on July 6, 2020. The court held the applicant was entitled to bail and ordered his release on a personal bond and sureties subject to conditions.

What did the court decide?

Release of the applicant on bail on personal bond and two local sureties of like amount subject to specific conditions during the trial.

Masoom Vs State of Up — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48162 of 2020

¶3

Applicant :- Masoom Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ali Zamin,J.

¶5

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

¶6

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 361 of 2020, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act 1986, Police Station Nahataur, District Bijnor.

¶7

Learned counsel for the applicant submits that as per gang-chart applicant has a criminal history as Case Crime No. 187 of 2020, under Sections 188, 268, 269, 270, 271 I.PC., 3/5A/8 Cow Slaughter Act, 11 Animal Cruelty Act 51-B Disaster Management Act and 23 Epidemic Act, P.S.- Nahtaur, DistrictBijnor in which he has been enlarged on bail vide order dated 5th November, 2020 in Criminal Misc. Bail Application No. 35550 of 2020 by this Court. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 6.7.2020.

¶8

Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

¶9

Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, nature of offence, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Masoom involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

¶10

(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not

¶11

pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.

¶12

(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.

¶13

(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 him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶14

(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.

¶15

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

¶16

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

¶17

Order Date :- 27.1.2021 Israr

Masoom v. State of Up

Case brief

What is this about?

What did the court decide?

Masoom v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jagdish Vs State of U.P.

Sachin Vs State of U.P. and Another

Aslam Khan @ Aslam Sadiq Rana Vs State of U.P.

Faisal Khan Vs State of U.P.

Faisal Khan Vs State of U.P.

Aslam @ Chilloo Vs State of U.P.