Allowed

Sabir Khan v. State of U.P.

Allahabad HC21 Jun 2023BAIL/24635/2023

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court granted bail to the applicant in a case under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. The court considered the nature of evidence and lack of tampering risks before imposing specific conditions of bail.

What did the court decide?

Release of the applicant on bail by personal bond and two sureties subject to specified conditions of bail.

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

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Neutral Citation No. - 2023:AHC:127688

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24635 of 2023

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Applicant :- Sabir Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Singh,Abhishek Kulshrestha Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Abhishek Kulshrestha, learned counsel for the applicant and Sri Chandan Agarwal, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Sabir Khan , seeking enlargement on bail during trial in connection with Case Crime No. 70 of 2023, under Section 3 (1) U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, registered at Police Station- Sachendi, District- Kanpur Nagar.

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Learned counsel for the applicant submits that the applicant is shown to be involved in five criminal cases in the gang chart, the details of which are also given in paragraph 7 of the affidavit. While placing paragraph 8 to 12 of the affidavit it is argued that in all the said five cases, the applicant is on bail. The orders granting bail are annexed as Annexure-3 to 7 to the affidavit. Further while placing paragraph 14 it is argued that except for the present case, the applicant has no other criminal history. It is argued that the applicant is neither a member of any gang nor is a gang leader. The applicant is in jail since 13.05.2023.

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Per contra , learned counsel for the State opposed the prayer for bail.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Sabir Khan , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties ( one of the sureties will be of his family members ) each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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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 shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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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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The bail application is allowed.

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Order Date :- 21.6.2023 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Sabir Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sabir Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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