Dismissed¶11

Amanul v. State of U.P.

Allahabad HC4 Oct 2023BAIL/22956/2023

Case brief

AI extract

What is this about?

Allahabad High Court, Criminal Misc. Bail Application No. 22956 of 2023 (neutral citation 2023:AHC:190667), decided 4.10.2023 by Vikram D. Chauhan, J. Bail under Section 2/3 U.P. Gangster Act (Case Crime No.125 of 2014, G.S.T. No.60 of 2014, P.S. Ramgarh, District Firozabad) refused to applicant Amanul, who absconded for seven years after bail order dated 16.10.2014 and was apprehended on 13.2.2023; held to have abused the process of law. Directions: trial to be concluded preferably within six months of certified copy; S.S.P./S.P., Firozabad to produce prosecution witnesses on next date, else file personal affidavit.

What did the court decide?

The applicant, having remained absconded from the trial court proceedings for the last seven years despite being granted bail, abused the process of law and is not entitled to be enlarged on bail.

Amanul Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:190667

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22956 of 2023

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Applicant :- Amanul Opposite Party :- State of U.P. Counsel for Applicant :- Tufail Hasan,Asif Hasan Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,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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The present bail application has been filed with a prayer to release the applicant on bail in G.S.T. No.60 of 2014 arising out of Case Crime No.125 of 2014, under Section 2/3 U.P. Gangster Act, Police Station Ramgarh, District Firozabad.

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It is submitted by learned counsel for the applicant that earlier the applicant was enlarged on bail by order dated 16.10.2014. However, the applicant could not appear before the court concerned. Thereafter, the applicant has been apprehended on 13.2.2023. The applicant could not appear before the court concerned on account of the fact that the applicant went to Gujarat for his livelihood. He submits that the applicant is entitled to be released on bail.

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Learned A.G.A. has opposed the bail application and submits that the applicant was absconding from the trial court proceedings for the last seven years and as such the applicant is not entitled to be enlarged on bail.

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The bail is granted to the accused person for ensuring the participation in the trial court proceedings. In the present case, the applicant has remained absconded from the trial court proceedings for the last seven years. The applicant has abused the process of law and as such is not entitled to be enlarged on bail.

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Accordingly, the bail application is hereby rejected.

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However, the trial court is directed to proceed with the trial of the aforesaid case and shall conclude the trial as expeditiously as

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possible, preferably, within a period of six months from the date of production of a certified copy of this order.

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The S.S.P./S.P., Firozabad is hereby directed to produce the prosecution witnesses on the next date fixed in the aforesaid case. In case the prosecution witnesses is not produced on the next date fixed, the S.S.P./S.P., Firozabad shall file his personal affidavit before the trial court explaining the reason for non appearance of prosecution witnesses on date fixed.

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Registrar (Compliance) of this Court is directed to send a copy of this order to the court concerned as well as to the S.S.P./S.P., Firozabad for necessary compliance.

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Order Date :- 4.10.2023 Bhaskar

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Digitally signed by :- BHASKAR High Court of Judicature at Allahabad

Amanul v. State of U.P.

Case brief

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Amanul v. State of U.P.

Case brief

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