Allowed

Hasmood Khan@ Baddu v. State of U.P.

Allahabad HC19 Oct 2022BAIL/34920/2022

Case brief

AI extract

What is this about?

Single judge of Allahabad High Court granted bail to the applicant charged with offences under Sections 376, 328, and 506 IPC. The court considered allegations of false implication, delay in FIR, and jail overcrowding, noting that this is a bail case without deciding ultimate merits.

What did the court decide?

Applicant released on bail with a personal bond and two sureties, subject to specific conditions regarding court attendance and failure to appear.

Hasmood Khan@ Baddu Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34920 of 2022

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Applicant :- Hasmood Khan@ Baddu Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dwivedi,Neelesh Kumar Mishra Counsel for Opposite Party :- G.A.,Purushottam Pandey

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sanjay Kumar Dwivedi, learned counsel for the applicant, Sri Purushottam Pandey, learned counsel for opposite party, learned AGA, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the first information report of the alleged incident has been lodged after 9 days for which no proper explanation has been given by the informant. It is further submitted that applicant is the devar of victim, he has not committed any crime as alleged by prosecution, the real fact of the case is that the victim is a greedy lady she wants illegal money from applicant and his brother but the applicant clearly refused to give money on account of which the victim falsely roped him in the present case, the said fact has been mentioned in para 13 to the affidavit filed in support of bail application. There is no eye witness of the alleged incident. There are several contradictions between the statements of victim recorded u/s 161 and 164 Cr.P.C., a copy of u/s 161 and 164 Cr.P.C. have been annexed as Annexure Nos. 4 and 5 respectively to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 06.05.2022. It has been pointed out that the applicant has no criminal history.

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Learned counsel for the opposite party as well as learned A.G.A. has vehemently opposed the prayer.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Hasmood Khan@ Baddu , be released on bail in Case Crime No. 123 of 2022, under Sections- 376, 328, 506 IPC, Police Station- Bhojipura, District- Bareilly, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant shall file an undertaking to the effect that he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, 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 him in accordance with law.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 19.10.2022

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Arti

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Digitally signed by ARTI SHARMA Date: 2022.10.21 10:33:59 IST Reason: Location: High Court of Judicature at Allahabad

Hasmood Khan@ Baddu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Hasmood Khan@ Baddu v. State of U.P.

Case brief

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What did the court decide?

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