Allowed

Sami Khan v. State of U.P.

Allahabad HC28 Sept 2022BAIL/40699/2022

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Sami Khan, in a criminal trial pending case involving offenses under the Essential Commodities Act and IPC. The court imposed strict conditions regarding the applicant's presence in court and conduct during the trial to secure his liberty.

What did the court decide?

Release on bail on furnishing a personal bond and two local sureties of the same amount.

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

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Court No. - 59

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40699 of 2022

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Applicant :- Sami Khan Opposite Party :- State of U.P. Counsel for Applicant :- Namit Kumar Sharma,Virendra Jaiswal

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Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present bail application has been filed by the applicant- Sami Khan with a prayer to enlarge him on bail in Case Crime No. 213 of 2022, under Sections 3/7 of Essential Commodities Act and Section 379, 411, 120-B I.P.C., Police StationRefinery, District- Mathura, during the pendency of the trial.

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It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case for the purpose of harassment. It is further submitted that the applicant is not named in the FIR. It is further submitted that neither applicant has been arrested from the spot nor any articles related to the said incident has been recovered from his possession. It is next contended that the applicant neither involved in any type of criminal activities nor committed the alleged crime in question. It is next contended that the present FIR has been lodged only on the basis of presumption and apprehension but without any evidence. The applicant has no criminal history. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 26.08.2022.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.

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Considering the nature of the offence, provision for initiation of cases and release of the accused, material/evidence brought on record, complicity of the accused, severity of punishment as well as the submissions made by the learned counsel for the parties, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local

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

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Order Date :- 28.9.2022 SK Srivastava

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Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.09.30 13:14:39 IST Reason: Location: High Court of Judicature at Allahabad

Sami Khan v. State of U.P.

Case brief

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Sami Khan v. State of U.P.

Case brief

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