Partly allowed

Aftab v. State of U.P.

Allahabad HC11 Jun 2021BAIL/6904/2021

Case brief

AI extract

What is this about?

This is a bail application in a criminal case involving Sections 411 and 414 IPC. The court allowed the bail plea on the grounds of false implication and jail overcrowding due to the pandemic, imposing standard conditions without commenting on merits.

What did the court decide?

The bail application is allowed. The applicant be released on bail on furnishing personal bond and two sureties under Sections 411, 414 IPC.

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

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Court No. - 6

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6904 of 2021

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Applicant :- Aftab Opposite Party :- State of U.P. Counsel for Applicant :- Roshan Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Roshan Kumar Singh, learned counsel for the applicant and learned A.G.A for the State through video conferencing mode.

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A first information report was lodged against the applicant as Case Crime No.0425 of 2020 at Police StationBabugarh District- Hapur on 17.11.2020 under Sections 411, 414 IPC.

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The bail application of the applicant was rejected by learned Additional Sessions Judge/ Special Judge (SC/ ST) Act, Hapur on 21.12.2020.

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The applicant is in jail since 17.11.2020, pursuant to the said F.I.R.

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Sri Roshan Kumar Singh, learned counsel for applicant contends that the applicant has been falsely implicated in this case. False recovery has been shown from the applicant. There no independent witness to the recovery. The applicant has explained his criminal history. Co accused Imrana who has been attributed the same role as the applicant has been granted bail by the learned trial court in Bail Application No. 1952 of 2020 on 11.12.2020. Lastly it is contended by Sri Roshan Kumar Singh, learned

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counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.

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Courts have taken notice of the overcrowding of jail during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020 , Contagion of COVID 19 Virus in prisons before the Supreme Court of India ). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of the learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant Aftab be released on bail in Case Crime No.425 of 2020 at Police Station- Babugarh DistrictHapur under Sections 411, 414 IPC on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally as and when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(ii) 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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(iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vi) 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.

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Order Date :- 11.6.2021 Nadeem Ahmad

Aftab v. State of U.P.

Case brief

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Aftab v. State of U.P.

Case brief

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