Allowed

Kalam v. State of U.P.

Allahabad HC27 Jun 2023BAIL/26353/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of the Applicant. The court found that a case for bail was made out given the allegations of false implication and the conditions offered by the applicant, despite the State's opposition based on the applicant's history.

What did the court decide?

Bail granted on execution of personal bond and two sureties, subject to specific conditions regarding court attendance and trial cooperation.

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

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Neutral Citation No. - 2023:AHC:129283

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26353 of 2023

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Applicant :- Kalam Opposite Party :- State of U.P. Counsel for Applicant :- Ram Badan Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Syed Aftab Husain Rizvi,J.

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Heard Sri Ram Badan Maurya, learned counsel for the applicant, learned A.G.A. for the State.

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Learned counsel is permitted to make necessary amendment in crime number of the case during the course of the day itself.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.37 of 2023, under Section 380, 411, 457 IPC Police Station- Barnahal District- Mainpuri.

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The FIR of this case was lodged against unknown persons U/s 457, 380 IPC. The allegations are that some unknown persons have committed theft after breaking open the lock of the house in the night of 23.02.2023. On 11.03.2023 the applicant accused with coaccused was arrested and some ornaments alleged to have been recovered from his possession.

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Learned counsel for the applicant contended that applicant is not named in the FIR. He is innocent and has been falsely implicated. Nothing has been recovered from his possession. The alleged recovery is planted and fabricated. There is no independent witness. The alleged recovery is about one month of the incident which is highly improbable. It is further contended that after arrest of the applicant, police has falsely implicated him in several other cases. The applicant is in jail since 12.03.2023 and he undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.

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Learned A.G.A. opposed the prayer and submitted that applicant is habitual offender and he is involved in many cases of theft. Hence bail is opposed.

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Considering the rival submissions of the parties, the nature and

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gravity of the offence, the facts and attending circumstances of the case in the opinion of the Court, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant- Kalam involved in the aforesaid case, be enlarged on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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This bail order would be subject to the fulfillment of following conditions:-

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 27.6.2023 C. MANI

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Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad

Kalam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kalam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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