Single bench criminal bail application allowed granting release on bond and two sureties imposed standard conditions of appearing in court and not tampering with evidence or influencing witnesses.
Release on bail by personal bond and two sureties in like amount.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4383 of 2022
Applicant :- Jakir Khan @ Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Ulajhan Singh Bind,B.N.Singh,Dhirendra Kumar,Manish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 571 of 2021 at Police Station-Kotwali, District-Orai under Sections 392, 411 I.P.C. The applicant is in jail since 24.08.2021.
The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge(DAA), Jalaun at Orai on 20.09.2021.
Shri Uljhan Singh Bind, learned counsel and Shri Manish Kumar Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. One country made pistol, two live cartridges and two mobile phones were planted on the applicant to frame him in the instant case to show proficiency of the police investigators. There is no independent witness to the recovery. Prosecution evidence does not connect the applicant with the offence.
Explaining the criminal history of the applicant, learned
counsel for the applicant contends that prior to the instant case, the applicant was falsely implicated in false cases.The applicant has never misused the liberty of bail granted to him in the said cases. However, after nomination in the instant case the applicant has become a convenient scapegoat for the police authorities who have repeatedly implicated the applicant in false cases in quick succession to burnish their professional credentials. The applicant has been acquitted in most of the cases. The criminal cases do not have any bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the affidavit.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Jakir Khan @ Guddu be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The
following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(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.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.4.2022
Dhananjai
Digitally signed by DHANANJAI Date: 2022.04.29 15:58:38 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail refusing to convict him for offences under Sections 392 and 411 IPC.
Jakir Khan @ Guddu
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
