Allowed

Rashid v. State of U.P.

Allahabad HC12 Apr 2022BAIL/1755/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Rashid in a case under Sections 382 and 411 IPC. The court found merit in the argument that the applicant was falsely implicated and suffered from a poor criminal history, granting bail subject to standard conditions without observing on the merits of the charge.

What did the court decide?

Grant of bail on furnishing a personal bond and two sureties in the like amount; standard conditions imposed regarding evidence and witness tampering.

Rashid Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1755 of 2022

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Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Sayeed Saif Ullah,Sufia Saba,Uzma Mansoori

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Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 82 of 2021 at Police Station-Badgaon, District-Saharanpur under Sections 382, 411 I.P.C. The applicant is in jail since 05.06.2021.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Saharanpur on 22.07.2021.

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Shri Sayeed Saif Ullah, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. One country made pistol was planted on the applicant to frame him in the instant case to show proficiency of the police investigators. The applicant was a passenger in the vehicle from which the batteries were seized. The applicant had bonafidely hitched a ride to his home on the said vehicle. The applicant had no knowledge of the goods being transported in the offending vehicle. The owner/hirer of the vehicle and other concerned persons

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and not the applicant are liable for the goods being transported in the said vehicle. There is no independent witness to the recovery. Prosecution evidence does not connect the applicant with the offence.

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Explaining the criminal history of the applicant, learned counsel for the applicant contends that being from economically weaker section of the society the applicant has become a convenient scapegoat for the police authorities who have repeatedly implicated the applicant in false cases in quick succession to burnish their professional credentials. The applicant has never misused the liberty of bail granted to him in the said cases. The said cases do not relate to heinous crimes and have no bearing on this bail applicant. The applicant is not a flight risk.

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Shri Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

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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.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Rashid be released on bail in the

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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:-

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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 influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 12.4.2022

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Dhananjai

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Digitally signed by DHANANJAI Date: 2022.04.13 10:16:55 IST Reason: Location: High Court of Judicature at Allahabad

Rashid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rashid v. State of U.P.

Case brief

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