Allowed

Murslin v. State of U.P.

Allahabad HC25 May 2022BAIL/16997/2022

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Murslin in a case under the U.P. Gangsters and Anti-social Activities (Prevention) Act, 1986. The applicant sought release alleging false implication, and the court granted bail on personal bond and two sureties with specific conditions regarding court appearances.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16997 of 2022

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Applicant :- Murslin Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri A.Z.Khan, learned counsel for applicant, learned A.G.A for the State and perused the record.

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Applicant- Murslin seeks bail in Case Crime No.62/2022, under Section 2/3 of the U.P. Gangsters and Anti-social Activities (Prevention) Act, 1986, P.S. Mirzapur, District Saharanpur.

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It is submitted that the applicant has been falsely implicated in the present case. It is further submitted that there is one case mentioned in the gang chart, in which, applicant is reported to be on bail, bail order is annexed as Annexure-2 to the affidavit filed in support of the bail application. The necessary averments has been made in paragraph 5 and 6 of the affidavit. The applicant is in jail since 5.4.2022. He lastly submitted that in case the applicant is released on bail, he shall not misuse the liberty of bail.

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Learned AGA has opposed the prayer for bail but could not demonstrate anything contrary to the above submission.

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Considering the facts and circumstances of the case as also the contentions noted above, I am inclined to enlarge the applicant on bail.

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The bail application is allowed .

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Let the applicant- Murslin involved in aforesaid case be released on bail on 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 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

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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 :- 25.5.2022 CS/-

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Digitally signed by CHANDAN SINGH Date: 2022.05.25 17:58:58 IST Reason: Location: High Court of Judicature at Allahabad

Murslin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Murslin v. State of U.P.

Case brief

What is this about?

What did the court decide?

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