Allowed

Kamran v. State of U.P.

Allahabad HC23 Mar 2022BAIL/49317/2021

Case brief

AI extract

What is this about?

The high court granted bail to Kamran, an accused in a case involving cheating, theft, hoarding, and breach of epidemic disease provisions. The court quashed his booking pending investigation and framed bail conditions including a personal bond and sureties.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Kamran Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49317 of 2021

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Applicant :- Kamran Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

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The accused applicant, Kamran is involved in Case Crime No. 319 of 2021, under Sections 420, 379, 411 I.P.C., Sections 52 & 53 Disaster Management Act, 2005 and Section 3 Epidemic Diseases Act, 1897, registered at Police Station Majhola, District Moradabad.

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Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated and has not committed the alleged offence. The recovery of two Remdesivir Injections 100 mg. from the possession of the applicant is false. He further submitted that co-accused Saddam has been granted bail by the court below. He further submitted that after conclusion of investigation, the Investigating Officer has submitted charge sheet in the matter. The applicant is languishing in jail since 03.08.2021, hence the prayer of bail is made.

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Per contra, the bail application has been opposed by the learned A.G.A.

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From perusal of the first information report, it is found that two Remdesivir Injections 100 mg. valued at Rs. 4800/- and 4700/and cash of Rs. 30,000/- have been recovered from the accused applicant. The accused is in custody since 03.08.2021

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Having heard the submissions of learned counsel of both sides, considering the seriousness of the charge 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 larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of

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bail.

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Let the applicant - Kamran , who is involved in aforesaid crime 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:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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

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Order Date :- 23.3.2022 gp

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Digitally signed by GANESH PRAKASH Date: 2022.03.23 16:54:00 IST Reason: Location: High Court of Judicature at Allahabad

Kamran v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamran v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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