Allowed

Firoz Alam v. State of U.P.

Allahabad HC6 Jan 2021BAIL/74/2021

Case brief

AI extract

What is this about?

This judgment is an appellate bail application wherein the applicant challenged his detention as false implication. The High Court allowed the bail application without expressing an opinion on the merits of the underlying charge but imposed strict conditions regarding trial attendance and non-interference with evidence.

What did the court decide?

The applicant was enlarged on bail on executing a personal bond and two sureties each in the like amount.

Firoz Alam Vs State of U.P. — Property and Title | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 74 of 2021

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Applicant :- Firoz Alam Opposite Party :- State of U.P. Counsel for Applicant :- Parmeshwar Yadav 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 applicant has purchased one motorcycle on 30.10.2020 from Sandeep Yadav and papers were also given to him, but unfortunately before motorcycle could be transferred in his name, motorcycle was checked by the police and ultimately he was arrested due to not producing the papers. It is next submitted that applicant was also falsely implicated showing frivolous recovery of six motorcycles. It is next submitted that this fact can be verified from the sale agreement to transfer the motorcycle duly signed by applicant and seller Sandeep Yadav as well as registration of the motorcycle in the name of Sandeep Yadav. Applicant has no criminal history and he is in jail since 2.11.2020, 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 facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Firoz Alam , involved in Case Crime No. 221 of 2020, under Sections- 41, 411, 413, 421, 465 I.P.C., Police StationGhughali, District Maharajganj, 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. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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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 :- 6.1.2021 Rmk.

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Digitally signed by Justice Neeraj Tiwari Date: 2021.01.06 17:27:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Firoz Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Firoz Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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