Allowed

Naseer Khan @ Bhure v. State of U.P.

Allahabad HC1 Sept 2022BAIL/36887/2022

Case brief

AI extract

What is this about?

This single judge criminal bail application involved an applicant facing prosecution under specific IPC Sections. The court considered arguments of innocence, lack of prospect for trial conclusion, and delay in jail. The application was allowed with conditions for surrender and cooperation, citing a Supreme Court precedent.

What did the court decide?

The applicant was ordered released on bail upon providing a personal bond and two sureties in equal amount.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36887 of 2022

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Applicant :- Naseer Khan @ Bhure Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.21 of 2020, under Sections 420, 467, 468, 471 I.P.C. P.S. Jasrathpur, District Etah, during pendency of the trial.

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It is argued by learned counsel for the applicant that applicant is innocent and has falsely been implicated in the present case; the allegation levelled in the F.I.R. is totally false and fabricated; the applicant is not beneficiary of fraudulent transaction; criminal history of the applicant has been explained in para nos. 13-15 of the bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 29.06.2022 and in case, he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Naseer Khan @ Bhure be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence

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by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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Order Date :- 1.9.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.09.03 15:12:23 IST Reason: Location: High Court of Judicature at Allahabad

Naseer Khan @ Bhure v. State of U.P.

Case brief

What is this about?

What did the court decide?

Naseer Khan @ Bhure v. State of U.P.

Case brief

What is this about?

What did the court decide?

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