Allowed

Zunaid v. State of U.P.

Allahabad HC16 Mar 2021BAIL/5879/2021

Case brief

AI extract

What is this about?

In a criminal bail application, the Allahabad High Court allowed the applicant, Zunaid, to be enlarged on bail under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act. The court relied on the principle of false implication and reference to a larger mandate of Article 21, imposing strict conditions including appearance in court and refraining from tampering with witnesses.

What did the court decide?

Enlarged the applicant on bail to execute a personal bond and two sureties, subject to specific conditions including appearance in court and non-interference with witnesses.

Zunaid 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. - 5879 of 2021

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Applicant :- Zunaid Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui 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 and learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that two cases have been shown against the applicant in the Gang Chart and in the said cases, the applicant has been granted bail, copies of the bail orders have been annexed as Annexure-4 to the affidavit filed in support of bail application. It is next submitted that there are criminal history of seven other cases out of which three cases i.e. Case Crime No. 14 of 2020, 16 of 2020 & 23 of 2020 have wrongly been imposed upon applicant as it is against one Pradeep Kumar. So far as remaining other cases are concerned, in those cases, applicant has already been granted bail. There is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 31.12.2020, undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer 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- Zunaid , involved in Case Crime No. 590 of 2020, under Sections- 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station- Fatehpur, District -Saharanpur, 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

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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 fulfilment 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 :- 16.3.2021 Sartaj

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Digitally signed by Justice Neeraj Tiwari Date: 2021.03.16 16:47:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Zunaid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Zunaid v. State of U.P.

Case brief

What is this about?

What did the court decide?

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