Allowed

Joheb Pathan v. State of U.P.

Allahabad HC28 Aug 2023BAIL/34106/2023

Case brief

AI extract

What is this about?

This is a bail application under Section 439 Cr.P.C. The High Court allowed the application, releasing the applicant on personal bond and two sureties after considering factors like the nature of offense, possession of evidence, and prior bail to a co-accused, while imposing specific conditions for trial attendance and property safeguarding.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties in the like amount to the satisfaction of the Court concerned, subject to specified conditions regarding attendance an

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

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Neutral Citation No. - 2023:AHC:173153

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34106 of 2023

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Applicant :- Joheb Pathan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Misra,Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.228 of 2023 under Sections 147, 323, 506, 392, 120B IPC Police Station Kotwali District Gorakhpur.

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Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The applicant is friend of son of informant. Nothing incriminating has been recovered from the possession of the applicant. The applicant is student of engineering college. It is further submitted that co-accused Ibrahim Alias Ayan has been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 17.08.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C No. 9258 of 2023. Apart from the instant case the applicant has criminal history of

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one more case being Case Crime No. 212 of 2022 under Section 392, 323, 504 IPC Police Station Tiwaripur District Gorkahpur, it is submitted that the applicant has been enlarged on bail in the aforesaid case also. Copy of bail order is annexed as annexure No. 5 to the affidavit. The applicant is languishing in jail since 29.06.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

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On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.

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Considering the facts and circumstances of the case and taking into account that nothing incriminating has been recovered from the possession of the applicant, the case is triable by Magistrate, co-accused Ibrahim Alias Ayan has been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 17.08.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C No. 9258 of 2023, the applicant has explained his criminal history and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

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The bail application is allowed.

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Let applicant Joheb Pathan be released on bail in the above case

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crime number on his furnishing a personal bond and two sureties

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each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) 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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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 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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(iii) 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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(iv) 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

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in the opinion of the trial court absence of the applicant is

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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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(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

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(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.

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(vii) In case the applicant is found invloved in offence of like nature, this bail shall stand automatically cancelled and the court below shall be at liberty to take coercive action against the applicant.

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(Renu Agarwal,J.)

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Order Date :- 28.8.2023 Nadeem

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Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad

Joheb Pathan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Joheb Pathan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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