Allowed

Tufail Ahmed Khan v. State of U.P.

Allahabad HC19 Mar 2021BAIL/5204/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, a father charged with an attempted murder case. Relying on constitutional principles and a Supreme Court precedent, the court stated the applicant's innocence and lack of flight risk, ordering his release on a personal bond and two sureties within prescribed conditions.

What did the court decide?

Enlargement of applicant on bail on personal bond and two sureties in like amounts.

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5204 of 2021

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Applicant :- Tufail Ahmed Khan Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Dubey,Shailendra Kumar Rai Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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

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It is submitted by the learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case, which is a no injury case. It is next submitted that in the counter affidavit, criminal history of six cases are shown against the applicant out of which in four cases he was implicated on the very same day and remaining two cases are of the years 2008 & 2010 which are also petty in nature. There are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 31.10.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

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Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Tufail Ahmed Khan , involved in Case Crime No. 290 of 2020, under Sections- 307 I.P.C., Police Station- Karimuddinpur, District -Ghazipur, 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.

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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.

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This bail order would be subject to the fulfillment of following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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In case, the applicant misuses the liberty of bail 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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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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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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 :- 19.3.2021 Sartaj

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Digitally signed by Justice Neeraj Tiwari Date: 2021.03.19 14:53:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Tufail Ahmed Khan v. State of U.P.

Case brief

What is this about?

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Tufail Ahmed Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

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