Allowed

Zakir Ali v. State of U.P.Thru Prin.Secy. Home Deptt. Lucknow

Allahabad HC26 May 2022/15432/2021

Case brief

AI extract

What is this about?

This court allowed a bail application filed by the accused under Section 439 Cr.P.C. in a murder case. The court granted bail noting that the applicant was not named in the FIR initially and had no criminal record beyond the co-accused's_statement. Bail was granted on personal bond with sureties subject to strict attendance conditions.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties with conditions regarding court attendance and prohibition of adjournments.

Zakir Ali Vs State of U.P.Thru Prin.Secy… — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15432 of 2021

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Applicant :- Zakir Ali

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Opposite Party :- State Of U.P.Thru Prin.Secy. Home Deptt. Lucknow Counsel for Applicant :- Niranjan Singh,Pravin Singh Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.269 of 2021, under Sections 302/34, 120-B IPC, Police Station Industrial Area, District Raebareli.

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The accused-applicant was not named in the FIR, which was registered on the compliant of the wife of the deceased. Except for the statement of the co-accused, there is nothing on record to suggest the involvement of the accused-applicant in the commission of offence. Accused-applicant has been in jail since 3.7.2021. There is no criminal history of the accused-applicant.

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Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

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Considering the above facts and circumstances of the case and except for the statement of the co-accused, no other evidence is available to suggest the involvement of the accusedapplicant in the commission of offence, it would be appropriate to enlarge the accused-applicant on bail.

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Let applicant Zakir Ali be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) 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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(ii) 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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(iii) 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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(iv) 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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Order Date :- 26.5.2022 Rao/-

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Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.05.26 18:15:40 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Zakir Ali v. State of U.P.Thru Prin.Secy. Home Deptt. Lucknow

Case brief

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Zakir Ali v. State of U.P.Thru Prin.Secy. Home Deptt. Lucknow

Case brief

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What did the court decide?

What the court decided

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