Remanded

State of U.P. Minor B/C v. Arif Anwar Hashmi

Allahabad HC2 Aug 2022/10084/2021

Case brief

AI extract

What is this about?

High Court disposed of a bail cancellation application. It held that the trial court failed to consider the accused's criminal record while granting bail. The matter was remanded to the trial court to decide the bail application afresh after hearing both parties and considering antecedents.

What did the court decide?

Bail order passed by the learned court below on 01-06-2021 was quashed and matter remanded for fresh disposal within three weeks.

State of U.P. Minor B/C Vs Arif Anwar Hashmi — Bail and Remand | Allahabad HC (2022)

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Court No. - 10

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 10084 of 2021

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Applicant :- State Of U.P. Minor B/C Opposite Party :- Arif Anwar Hashmi Counsel for Applicant :- G.A. Counsel for Opposite Party :- Manoj Kumar Mishra

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Hon'ble Dinesh Kumar Singh,J.

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Present application under section 439(2) of Cr.P.C. has been filed on behalf of the State for cancellation of the bail granted to the accusedrespondent vide Judgment and Order dated 01-062021 passed by the Incharge, Additional Sessions Judge/Special Judge(Rape & POCSO Act)-I, Balrampur in First Bail Application No. 59 of 2021.

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The main submission of learned Additional Government Advocate is that the trial court did not take into consideration the long checkered history of the accused-respondent while enlarging him on bail in F.I.R. No. 98 of 2020, under sections 419, 420, 467, 468, 447 I.P.C. & Section 3/2 of Damage to Public Property Act, 1984, Police StationSadullanagar, district-Balrampur.

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This court has perused the impugned order and finds that there is no consideration of the criminal history of the accused-respondent in the impugned order.

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Sri Manoj Kumar Mishra, leaned counsel for the accused-respondent submits that the criminal history of the accused-respondent as mentioned in the present application for cancellation of bail was not brought into the notice of the learned trial court. He further submits that several cases are those, which had been committed by the accusedrespondent while he was 11 years of age. He further submits that looking at the criminal history of the accused-respondent, it appears that final reports in his favour have been filed in several cases and in several cases, and the accusedrespondent has been acquitted or the cases have got withdrawn by the State Government.

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Be that as it may, it was the duty of the learned

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court below to consider the criminal history/antecedent of the accused-respondent while considering the bail application.

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In view thereof, I find that the order dated 0106-2021 passed by the learned court below is not in accordance with law and therefore, is not sustainable.

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Accordingly, the matter is remanded back to the file of the learned court below which granted bail to the accused-respondent to decide the bail application of the accused-respondent afresh in accordance with law after giving proper opportunity of hearing to the accused-respondent as well as to the State and also taking into consideration the criminal history of the accusedrespondent, if any.

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The accused-respondent is not required to surrender before the trial court concerned inasmuch as he has already submitted the bail bonds and sureties. However, in case the bail application of the accused-respondent is rejected, he shall be taken into custody.

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The learned court below should decide the bail application of the accused-respondent on remand of the case within a period of three weeks from the date a certified copy of this order is placed before it.

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With the aforesaid direction, present application for cancellation of bail stands disposed of.

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Order Date :- 2.8.2022 AKS

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Digitally signed by ANUJ KRISHNA SRIVASTAVA Date: 2022.08.03 09:57:57 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

State of U.P. Minor B/C v. Arif Anwar Hashmi

Case brief

What is this about?

What did the court decide?

State of U.P. Minor B/C v. Arif Anwar Hashmi

Case brief

What is this about?

What did the court decide?

What the court decided

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