Allowed

Taufiq v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC17 Nov 2022/11957/2022

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the Allahabad High Court considered the plea of an applicant detained in a burn-mugging case. The court found it to be a fit case for bail, granting release on personal and surety bonds with standard conditions regarding attendance and evidence tampering.

What did the court decide?

Release on bail upon furnishing personal bond and two sureties with conditions regarding court attendance and evidence tampering.

Taufiq Vs State of U.P. Thru. Prin. Secy. Home Lko — Bail and Remand | Allahabad HC (2022)

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11957 of 2022

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Applicant :- Taufiq Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Pramod Kumar Punhani,Kalpana Pathak

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Counsel for Opposite Party :- G.A.,Kaustubh Singh

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Hon'ble Shree Prakash Singh,J.

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Counter affidavit filed by learned AGA for the State is taken on record.

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Heard learned counsel for the applicant, Sri K.K. Sharma, learned counsel for the informant, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the record.

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Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 144 of 2022, under Sections 395, 397, 412 IPC, Police StationHussainganj, District Lucknow.

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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant case. He next added that as per contents of the first information report, the accused had cover their face at the time of incident. He submits that there is no identification parade as per the norms and further recovery has falsely been shown to the applicant. He next added that articles might have been identified by the owner but so far as identification of the present applicant is concerned that is doubted. There is no cogent piece of evidence so as to corroborate the instant incident. He next added that charge sheet has been filed in the instant matter and there is no possibility of fleeing away from trial proceedings and tempering with the evidence. He also added that there is no previous criminal antecedent of the applicant which has been mentioned in para 23 of the bail application. The applicant is a law abiding citizen and he is languishing in jail since 09.08.2022. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned counsel for the informant vehemently opposed the contention aforesaid and submits that owner of the articles has identified the articles as well as applicant and the applicant is main accused as motorcycle, which was used in committing the offence, has been recovered

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from the possession of the applicant, as such he is not entitled to be released on bail.

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Per contra, learned A.G.A. for the State also supported the version of counsel for the informant and submits that the applicant is involved in committing the aforesaid offence and after thorough investigation, he was found involved in committing the aforesaid offence and charge sheet has been filed against him.

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Having heard the learned counsel for the parties and after perusal of record, it is evident as per the version of the counsel for the applicant, the accused had covered his face at the time of incident; further there seems to be no identification parade as per the norms; charge sheet has been filed in the instant matter and there is no possibility of fleeing away from trial proceedings and tempering with the evidence; there is no previous criminal history of the applicant and he is languishing in jail since 09.08.2022.

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Thus, considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and without expressing any view on the merits of the case, I find it to be a fit case for bail.

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Let the applicant- Taufiq involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He 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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(3) 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.; and

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(4) In case, the applicant misuses the liberty of bail during trial 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, 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 identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 17.11.2022 A.Kr*

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Digitally signed by AJAY KUMAR Date: 2022.11.18 10:06:54 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Taufiq v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Taufiq v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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