Allowed

Habiburrahman v. State of U.P.

Allahabad HC29 May 2023BAIL/16794/2023

Case brief

AI extract

What is this about?

In a bail application for offenses under Sections 420, 467, 468, 471, 120-B IPC, the Allahabad High Court considered the applicant's averments of false implication. Noting that a co-accused had been released on bail and the uncertainty of the trial, the court allowed the bail application.

What did the court decide?

Released on bail with two sureties against furnishing a personal bond of equal amount subject to standard conditions.

Habiburrahman Vs State of U.P. — Corruption | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:123953

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16794 of 2023

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Applicant :- Habiburrahman Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- G.A.,Satyendra Narayan Singh,Vikas Singh

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, learned counsel for the informant and Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is vice president of Hazrat Shek Bahauddin Ra.Al. Trust Baghpat and the trust is providing education and welfare and it has been wrongly mentioned in the F.I.R. that applicant is looking the work of grave yard (Kabaristan) and applicant has not committed any fraud or cheating with the informant. It is next contended that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that coaccused Nawab has been granted bail by the coordinate Bench of this Court vide order dated 10.05.2023 passed in Criminal Misc. Bail Application No. 18588 of 2023 and applicant is also entitled for grant of bail. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 05.03.2023 and he has no criminal history.

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Learned counsel for the informant and learned A.G.A. have

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vehemently opposed the prayer for bail and have submits that prima facie offence against the accused applicant is made out and in case applicant is release on bail, he will misuse the liberty of bail. They have however, not disputed the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, looking to the uncertainty in conclusion of trial, grant of bail to the co-accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Habiburrahman involved in Case Crime No. 106 of 2023, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station Baghpat , District Baghpat be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 29.5.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Habiburrahman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Habiburrahman v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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