Allowed

Azhar Khan v. State of U.P.

Allahabad HC17 Aug 2022BAIL/22045/2022

Case brief

AI extract

What is this about?

In a bail application under serious criminal charges including crime of house demolition, the Court allowed bail considering the informant's hostility and the applicant's lack of prior criminal history. The applicant must furnish a personal bond and two sureties.

What did the court decide?

Enlargement on bail subject to personal bond, two reliable sureties, and conditions not to tamper with evidence, influence witnesses, or induce others.

Azhar Khan Vs State of U.P. — Property and Title | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22045 of 2022

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Applicant :- Azhar Khan Opposite Party :- State of U.P. Counsel for Applicant :- Rabindra Bahadur Singh,Narendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Narendra Kumar, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned A.G.A. for the State and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 512 of 2019, Special Sessions Trial No. 24 A of 2021, under Sections 395, 427, 447, 452, 504 and 506 I.P.C., P.S. Ganj, District Rampur.

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3.The aforesaid case has been registered on the basis of an F.I.R. lodged against seven named accused persons, including the applicant, alleging that on 03-02-2016 at about 09:00 PM, the applicant, who was the Chairman of the Municipal Corporation, other officials and some other persons had demolished the informant's house.

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4.A supplementary affidavit has been filed annexing therewith the statement of the informant recorded during the trial in which she has stated that she could not recognize as to who were present during demolition of house and she has further stated that on 19-07-2019 some political leaders had got her thumb impression on some papers.

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5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 16-03-2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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6.The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

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7.Having regard to the aforesaid facts and submissions and particularly the fact that the informant has turned hostile and the

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applicant is languishing in jail since 16-03-2022, I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.

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8.Let the applicant - Azhar Khan be released on bail in Case Crime No. 512 of 2019, Special Sessions Trial No. 24 A of 2021, under Sections 395, 427, 447, 452, 504 and 506 I.P.C., P.S. Ganj, District Rampur on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 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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9.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 17.8.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.08.17 17:48:51 IST Reason: Location: High Court of Judicature at Allahabad

Azhar Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Azhar Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

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