Allowed

Noor Ali v. State of U.P.

Allahabad HC28 Apr 2022BAIL/8183/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 8183 of 2022, this Court granted bail to the applicant in a theft case where the applicant alleged false implication and disputed the recovery of stolen items without independent witnesses.

What did the court decide?

Applicant Noor Ali released on bail by furnishing personal bond and two reliable sureties each of the like amount, subject to specified conditions.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8183 of 2022

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Applicant :- Noor Ali Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,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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On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application for grant of bail on merits.

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The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 308 of 2021, under Sections- 457, 380, 411 IPC, Police Station Sheeshgarh, District Bareilly.

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The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case. The applicant is in jail since 22.11.2021.

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Learned counsel for the applicant submits that F.I.R. was lodged against some unknown persons. As per the allegations made in the F.I.R. that in the mid-night, unknown person entered in the house of the applicant from the back side and committed the theft of Rs. 65,000/- and one Payal of silver having weight 50 gm. It is further submitted that after one month from lodging of F.I.R. and the prosecution has shown the recovery of one pair Payal from the possession of the applicant. It is further submitted that there is no public witness to support the prosecution story. It is further submitted that recovery which have been shown from the possession of the applicant is totally false and fabricated. Identification as required has not been carried out by the prosecution. As such, the applicant is entitled to be released on bail.

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It is next submitted that there is no possibility of tampering of any evidence. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation.

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Learned A.G.A., on the basis of instructions, opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

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Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of facts and circumstances as also the fact that there is no independent witness to support the story of the prosecution and without expressing any opinion on the merit of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant - Noor Ali be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 28.4.2022 Sanjeet

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Digitally signed by SANJEET KUMAR YADAV Date: 2022.04.29 15:37:15 IST Reason: Location: High Court of Judicature at Allahabad

Noor Ali v. State of U.P.

Case brief

What is this about?

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Noor Ali v. State of U.P.

Case brief

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