Allowed

Tauseem v. State of U.P.Thru Prin.Secy.Home Lucknow

Allahabad HC20 Jan 2022/15003/2021

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Tauseem under Section 307, 332, and 353 IPC. Bail was granted despite the filing of the charge-sheet due to the absence of the injured witness statement and no criminal history of the applicant.

What did the court decide?

The applicant is released on bail upon furnishing a personal bond and two sureties, subject to conditions regarding tampering with evidence and witness intimidation.

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

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15003 of 2021

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Applicant :- Tauseem Opposite Party :- State Of U.P.Thru Prin.Secy.Home Lucknow Counsel for Applicant :- Sukh Deo Singh,Istekhaf Khan,Paritosh Shukla Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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Learned counsel for the applicant submits that the informant is police personnel. There is no independent witness to the alleged recovery of country-made pistol. A perusal of the injury report of the injured depicts that the injured has received simple injuries. No X-ray has been conducted, although it was advised. The applicant has been falsely implicated. Statement of the injured witness has not been recorded. The applicant has no previous criminal history. The applicant is in jail since 15.1.2019.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the fact that statement of the injured witness has not been taken by the police.

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Considering the facts and circumstances of the case, including the fact that charge-sheet has been filed, the applicant has no criminal history, statement of the injured witness has not been recorded by the investigating officer, arguments advanced by learned counsel for the parties, the applicant is in jail since more than three years, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed.

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Let the applicant Tauseem, involved in Case Crime No.30/2019 under sections 307, 332, 353 I.P.C., P.S. Kotwali Nagar, district Pratapgarh, 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the

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trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) 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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(vi) 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, 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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Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case.

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Order Date :- 20.1.2022 kkb/

Tauseem v. State of U.P.Thru Prin.Secy.Home Lucknow

Case brief

What is this about?

What did the court decide?

Tauseem v. State of U.P.Thru Prin.Secy.Home Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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