Allowed

Arshad Ali v. State of U.P.

Allahabad HC20 Jan 2022/9778/2021

Case brief

AI extract

What is this about?

Single judge allowed bail application of Arshad Arshad Ali, charged under IPC Sections 419 and 420. Court noted applicant is poor, has no prior criminal history, and surrendered in 2021, imposing conditions including presence in court and prohibition of witness tampering.

What did the court decide?

Applicant released on bail subject to personal bond and two sureties, furnishing undertakings to cooperate in trial and remain present.

Arshad Ali Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9778 of 2021

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Applicant :- Arshad Ali Opposite Party :- State of U.P. Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The accused-applicant seeks bail in Case Crime No. 649 of 1997, under Section 419, 420 Indian Penal Code, Police Station Mohamdi, District Kheri.

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Learned counsel for the applicant submits that initially the applicant was released on bail in the aforesaid case crime number. However, he could not appear before the trial Court on 22.08.2000 and thus, bailable warrant were issued. Thereafter, non-bailable warrants were also issued. The applicant surrendered before the trial Court on 16.03.2021 and since then, he is languishing in jail.

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Learned Counsel for the applicant submits that applicant is poor person. The applicant has no other criminal history. Learned Counsel for the applicant on behalf of the applicant undertakes that applicant shall cooperate in the trial and shall not misuse the liberty of bail and also the applicant shall remain present before the trial court on every date unless his presence is exempted by the trial court.

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Learned A.G.A. has vehemently opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties.

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On due consideration to the arguments advanced by learned

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counsel for the parties, perusal of the record and also the facts that the applicant is a poor person ; he has no other criminal history; he is in jail since 16.3.2021; Offences are triable by Magistrate; and undertaken given by learned counsel for the applicant that the applicant shall remain present before the trial court on every date unless his presence is exempted by the trial court, without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed. Let the applicant Arshad Ali be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions:

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

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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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Order Date :- 20.1.2022

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Madhu

Arshad Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arshad Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

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