Allowed

Zuber v. State of U.P.

Allahabad HC1 Nov 2022BAIL/26727/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Zuber. The court considered the allegations under Sections 457, 380, and 411 IPC and found it to be a fit case for granting bail upon furnishing a personal bond and two sureties subject to specific conditions regarding court attendance and prohibiting adjournment seeking.

What did the court decide?

Released on bail by furnishing a personal bond and two reliable sureties of like amount subject to conditions issued.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26727 of 2022

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Applicant :- Zuber Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval,Dilip Kumar Patel Counsel for Opposite Party :- G.A.

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Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No. 301 of 2022, under Sections 457, 380, 411 IPC, Police Station- Kotwali Nagar, District - Bulandshahr.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime with ulterior motive. He further submits that the recovery of money, which is alleged from the applicant is his personal money. He further submits that at the time of arrest neither any independent witness was there nor any material has been collected to show that the alleged money is anywhere connected with the present crime. The applicant has no criminal antecedents. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 27.05.2022 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant, namely, Zuber , be released on bail in the aforesaid Case Crime Number on furnishing 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 shall file an undertaking to the effect that the applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of 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 counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant under Section 229-A of the Indian Penal Code.

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(iii) In case the applicant misuse the liberty of bail during trial and in order to secure the applicant's 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 the applicant, 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 the applicant in accordance with law.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 1.11.2022 Shafique

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(Piyush Agrawal, J.)

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Digitally signed by SAFIKUR RAHAMAN Date: 2022.11.02 16:44:05 IST Reason: Location: High Court of Judicature at Allahabad

Zuber v. State of U.P.

Case brief

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Zuber v. State of U.P.

Case brief

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