Allowed

Firoz @ Jhonjha v. State of U.P.

Allahabad HC6 Apr 2023BAIL/11584/2023

Case brief

AI extract

What is this about?

The High Court released the applicant on bail in a case under the U.P. Gangsters Act pending trial. The court imposed strict conditions regarding attendance, evidence tampering, and seeking adjournments, with provisions for bail cancellation upon breach.

What did the court decide?

Relief: Release on bail with personal bond and two sureties, subject to strict conditions regarding attendance and witness tampering.

Firoz @ Jhonjha Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11584 of 2023

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Applicant :- Firoz @ Jhonjha Opposite Party :- State of U.P. Counsel for Applicant :- Vishal Mohan Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant as well as the learned A.G.A for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Firoz @ Jhonjha, with a prayer to release him on bail in Case Crime No. 50 of 2023 under Sections 2(3) of U.P. Gangsters and Anti-Social Activities(Prevention) Act, 1986, Police StationSihani Gate, District- Ghaziabad, pendency of trial.

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Supplementary-affidavit filed today is taken on record.

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It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in three criminal cases in which he has already been enlarged on bail by the court concerned. Apart from three cases, the applicant has criminal history of two more cases explained in the bail application. He has falsely been implicated in the present case due to police rivalry. The applicant is not a member of any gang. He is languishing in jail since 23.02.2023 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the 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 with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. 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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(iv) 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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(v) 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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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 6.4.2023 Abhishek

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Firoz @ Jhonjha v. State of U.P.

Case brief

What is this about?

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Firoz @ Jhonjha v. State of U.P.

Case brief

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What did the court decide?

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