Allowed

Nasir Khan v. State of U.P.

Allahabad HC7 Aug 2023BAIL/10201/2023

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Nasir Khan under Section 439 Cr.P.C. regarding Case Crime No. 98 of 2023 under U.P. Gangster Act. The court granted bail, noting the applicant had secured bail in previous related cases and was in custody since February 5, 2023.

What did the court decide?

Applicant Nasir Khan released on bail with personal bond and two sureties, subject to six specific conditions including attendance in court and undertaking not to dispose of properties.

Nasir Khan Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:159165

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10201 of 2023

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Applicant :- Nasir Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ved Mani Sharma,Irfan Raza Khan,Krishna Gopal Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No. 98 of 2023 under Section 2/3 of the U.P. Gangster and Antisocial Activities (Prevention) Act, 1986 Police Station Baradari, District Bareilly.

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Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. According to the Annexure No. C.A.-1 to the counter affidavit filed on behalf of State, five cases have been shown against the accused-applicant, which have been explained in para-7 of the supplementary rejoinder affidavit dated 07.07.2023 and in all the cases he has been enlarged on bail. Copy of bail orders is annexed as annexure nos.3 & 4 to the affidavit filed in support of bail application and Annexure Nos. S.R.A.4, S.R.A.5, S.R.A.5A, S.R.A.9 & S.R.A.7 to the supplementary rejoinder affidavit dated 07.07.2023. The applicant is languishing in jail since 05.02.2023, in case he is enlarged bail, he will not misuse the liberty and would cooperate in the trial proceedings.

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On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid facts.

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Considering the facts and circumstances of the case and taking into account that the accused-applicant has been enlarged on bail in the case shown in the gang-chart and the applicant is languishing in jail since 05.02.2023, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accusedapplicant on bail.

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Let applicant-Nasir Khan be released on bail in the above case

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crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with 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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(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

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(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.

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(Renu Agarwal,J.)

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Order Date :- 7.8.2023 /Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Nasir Khan v. State of U.P.

Case brief

What is this about?

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Nasir Khan v. State of U.P.

Case brief

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