Allowed

Azeem v. State of U.P.

Allahabad HC25 Jul 2022BAIL/22333/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous bail application filed by an applicant accused under Section 420 IPC and the Public Gambling Act. The court was satisfied that the applicant needed to be released on bail pending the conclusion of the trial.

What did the court decide?

The applicant was released on bail on furnishing a personal bond with two reliable sureties of the like amount, subject to conditions regarding trial attendance and non-interference with evidence.

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

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Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22333 of 2022 Applicant :- Azeem Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Vikas Srivastava, 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. 0101 of 2022, under Section 420 I.P.C., P.S. Katghar, District Moradabad.

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3.The aforesaid case has been registered on the basis of a F.I.R. lodged by SubInspector of Police under Section 3/4 of Public Gambling Act against four named accused persons including the applicant alleging that upon the information received from Mukhbir the police party raided the house and one of the accused persons who said to have been arrested from the spot has named the applicant and other co-accused persons.

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4.Earlier the aforesaid case was registered under Section 3/4 of Public Gambling Act, 1867 and the applicant had been granted bail by the learned court below. However, subsequently Section 420 I.P.C. has been added against him and the application filed by him for his release on bail for the offence under the newly added section has been rejected by the learned Special Judge (SC/ST) Act, Moradabad by means of an order dated 12-05-2022. Therefore, the applicant has approached this Court for being released on bail.

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5.In the affidavit filed in support of the bail application it has been stated that neither the applicant has been arrested from the alleged place of occurrence nor has anything being recovered from him and the police has roped in the applicant due to personal enmity because of the applicant's previous criminal history.

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6.In paragraph 8 of the affidavit filed in support of the bail application the applicant has disclosed a criminal history of 35 cases. In 11 cases the applicant has already been acquitted and in 20 other cases the applicant has been released on bail.

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7.The learned counsel for the applicant submitted that the applicant has been implicated in another case bearing Case Crime No. 42 of 2022 on similar allegations and by means of an order dated 12-05-2022 passed in in Bail Application No. 17727 of 2022, this Court has granted bail to the application, in case crime no. 42 of 2022, under Section 3/4 of Public Gambling Act, 1867 and Section 420 I.P.C. and in yet another case crime no. 181 of 2021, P.S. Nagfani, District Moradabad the applicant has been released on bail by means of an order dated 12-05-2022 passed in Bail Application No. 17729 of 2022.

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8.It has also 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 and he is in jail since 26-02-2022. 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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9.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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10.Keeping in view the aforesaid fact, this Court is satisfied 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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11.Let the applicant - Azeem be released on bail in Case Crime No. 0101 of 2022, under Section 420 I.P.C., P.S. Katghar, District Moradabad 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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12.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 :- 25.7.2022/pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.07.27 17:46:33 IST Reason: Location: High Court of Judicature at Allahabad

Azeem v. State of U.P.

Case brief

What is this about?

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Azeem v. State of U.P.

Case brief

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