Allowed

Noor Alam v. State of Up

Allahabad HC20 Jan 2021BAIL/49710/2020

Case brief

AI extract

What is this about?

The single judge granted bail to Noor Alam, accused of theft involving mobile phones and money, on his personal bond and two local sureties. Bail was granted subject to specific conditions regarding presence in court, non-interference with witnesses, and compliance with trial dates, with strict penalties for default mentioned.

What did the court decide?

Released on bail on furnishing personal bond and two local sureties subject to conditions of not tampering with evidence, cooperating with trial, and appearing in court.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49710 of 2020

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Applicant :- Noor Alam Opposite Party :- State of U.P. Counsel for Applicant :- Vishwanath Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 154 of 2020, under Sections 427, 380, 457, 411, 413 I.P.C., Police Station Barhalganj, District Gorakhpur.

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Learned counsel for the applicant submits that according to the FIR on 27th May, 2020 in the night 45 mobiles and Rs. 10,000/were stolen from the shop. It is alleged that on the basis of suspicion he was arrested by the police on 10th June, 2020 and by showing 30 alleged stolen mobile he has been falsely implicated in the case. He further submits that there is no independent witness of the incident. 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 11.06.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that the stolen mobile has been recovered from the possession of applicant.

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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- Noor Alam 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 :-

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

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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.

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

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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.

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Order Date :- 20.1.2021 Israr

Noor Alam v. State of Up

Case brief

What is this about?

What did the court decide?

Noor Alam v. State of Up

Case brief

What is this about?

What did the court decide?

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