Allowed

Masroor Khan v. State of U.P.

Allahabad HC13 Oct 2022BAIL/45361/2022

Case brief

AI extract

What is this about?

The High Court of Allahabad disposed of Criminal Misc. Bail Application No. 45361 of 2022 filed by Masroor Khan. The court held it to be a fit case for bail in a criminal trial involving offences under the IPC and Muslim Women Act, 2019. Bail was granted subject to bond and specific conditions.

What did the court decide?

Applicant Masroor Khan released on bail by furnishing personal bond and two sureties with standard conditions.

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

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45361 of 2022

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Applicant :- Masroor Khan Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Supplementary affidavit filed on behalf of applicant is taken on record.

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Heard Sri Manoj Kumar Tripathi, the learned counsel for the applicant, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 506 of 2021, under Sections 452, 307, 323, 504, 506, 354, 354-B IPC and 3/4 Muslim Women Act, 2019, Police Station Kandhala, District Shamli, during pendency of the trial in the Court below.

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The learned counsel for the applicant has submitted that applicant is innocent and he has been falsely implicated in the present case. It has further been submitted that in the F.I.R. as well as in the statement of the injured general role has been assigned to the applicant. It has further been submitted that no specific role of causing injury upon the injured has been assigned to the applicant. It has further been submitted that injuries received by the injured are simple in nature. It has further been submitted that applicant has one case criminal history which has been explained in para-13 of the supplementary affidavit.

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The applicant is languishing in jail since 29.08.2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail. However, he did not dispute the aforesaid aspect of the matter.

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Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case crime number.

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In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application

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is allowed .

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Let the applicant Masroor Khan be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 13.10.2022 AKT

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Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.10.13 16:53:36 IST Reason: Location: High Court of Judicature at Allahabad

Masroor Khan v. State of U.P.

Case brief

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Masroor Khan v. State of U.P.

Case brief

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