Allowed

Jaan Nut Khan v. State of U.P.

Allahabad HC7 Apr 2022BAIL/14313/2022

Case brief

AI extract

What is this about?

The High Court allowed bail to the accused, Jaan Nut Khan, in a criminal case involving cheating, forgery, and theft. The court noted prior bail for a co-accused and considered the recovery amount before granting bail with conditions.

What did the court decide?

Release on bail on personal bond and two sureties each in like amount, subject to conditions of trial attendance and non-tampering.

Jaan Nut Khan Vs State of U.P. — Corruption | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14313 of 2022

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Applicant :- Jaan Nut Khan Opposite Party :- State of U.P. Counsel for Applicant :- Tej Bahadur Saroj Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

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The accused applicant, Jaan Nut Khan is involved in Case Crime No. 167 of 2021, under Sections 411, 413, 414, 419, 420, 467, 468 I.P.C. registered at Police Station Gopiganj, District Bhadohi.

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It is argued by the learned counsel for the applicant that the coaccused Imran Ali has been granted bail by the coordinate bench of this court. He is having criminal history of three cases and in those cases he is on bail. Nothing has been recovered from him. He has been falsely implicated. He is languishing in jail since 27.06.2021, hence prayer for bail is made.

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Per contra, the bail application has been opposed by the learned A.G.A. but he has admitted the fact that the applicant is on bail in the cases shown as criminal history. In the present case also the co-accused has been bailed out. The recovery of 'ganja' is below the commercial quantity.

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Having heard the submissions of learned counsel for the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant - Jaan Nut Khan, who is involved in aforesaid 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 subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned.

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It is clarified that the observations, if any, 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 ultimate merits of the case.

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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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Order Date :- 7.4.2022 gp

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Digitally signed by GANESH PRAKASH Date: 2022.04.08 13:19:19 IST Reason: Location: High Court of Judicature at Allahabad

Jaan Nut Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jaan Nut Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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