This bail application was allowed by the High Court. The court held that the applicant is entitled to be enlarged on bail, imposing standard conditions regarding evidence, witnesses, and court appearance.
Applicant released on bail upon furnishing personal bond and two sureties; standard bail conditions imposed.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17255 of 2022
Applicant :- Kadir Khan @ Sameer Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Dwivedi,Pradeep Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.50 of 2022 at Police Station-Eco Tech-3 DistrictGautam Buddha Nagar, under Sections 354-D (2), 504, 506, 386 IPC, Section 67-A Information Technology Act. The applicant is in jail since 25.01.2022 .
The bail application of the applicant was rejected by learned I-Additional Sessions Judge, Gautam Budh Nagar on 16.02.2022.
Shri Pradeep Kumar Tripathi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The FIR is a result of relationship gone awry. The victim and the applicant had consensual relationship. The FIR has been lodged to blackmail the applicant to marry the victim. The applicant has not captured or uploaded any indecent video of the victim. No indecent video or photograph has been recovered from the applicant.
Shri Amit Kumar, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder points out that the applicant has a criminal history of one case under the Arms Act.
Rejoining the issue learned counsel for the applicant submits that the applicant is in jail and the pariokar was not able to provide complete details of the criminal history of the applicant. Learned counsel for the applicant relying on the records available with the learned A.G.A and the instructions received from his client submits that being from economically weaker section of the society the applicant has become an easy scapegoat for the police authorities who have falsely framed the applicant in the said case to burnish their credentials. The said criminal case does not depict commission of any heinous crime by the applicant and has no bearing on the bail application. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without
making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Kadir Khan @ Sameer be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 19.5.2022
Asha
Digitally signed by ASHA Date: 2022.05.21 11:31:16 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail in the said criminal case.
Whether the applicant's criminal history warrants denial of bail.
Kadir Khan @ Sameer
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
