Allowed

Inamurrahman Khan v. State of U.P.

Allahabad HC3 Oct 2023BAIL/34905/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application filed by Inamurrahman Khan, the Single Judge of the Allahabad High Court considered the nature of allegations, custody duration, and co-accused bail status. The court concluded that a case for bail was made out and allowed the application subject to standard conditions.

What did the court decide?

Applicant Inamurrahman Khan to be released on bail by furnishing a personal bond and two local sureties. Relief subject to conditions against tampering with evidence, intimidating witnesses, and influ

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

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Neutral Citation No. - 2023:AHC:189484

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34905 of 2023

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Applicant :- Inamurrahman Khan Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh,Anurag Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit filed in Court today, is taken on record.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed by the applicant in case crime No. 494 of 2019 under Sections 109, 147, 149, 436, 188, 332, 336, 427 IPC, Section 7 of Criminal Law Amendment Act and Section 3/4 of Damages to Public Property (Prevention) Act, police station Sambhal, District Sambhal with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. The first information report was lodged against 17 named and other unknown persons, alleging that on 19.12.2019 they have made an unlawful assembly and did rioting and raising slogans against National Register of Citizens (NRC) and Citizen Amendment Act (CAA), damaged several vehicles and pelted bricks and stones at the police. Learned counsel submitted that only general allegations have been levelled against a number of members and no specific role has been assigned to the applicant. No police official has sustained any serious injury. It was pointed out that some of the coaccused persons have already been granted bail and in respect of three co-accused persons, the proceedings of the case are

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stayed by this Court. Criminal history shown against the applicant has duly been explained in the supplementary affidavit. Lastly, it was submitted that the applicant is in judicial custody since 23.05.2023 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail and submitted that applicant is named in the first information report and that there are serious allegations against the applicant.

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Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.

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Let the applicant Inamurrahman Khan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:

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i. The applicant will not tamper with the evidence during trial.

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ii. The applicant will not pressurize/intimidate the prosecution witnesses.

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iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

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In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in

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accordance with law.

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Order Date :- 3.10.2023 Anand

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

Inamurrahman Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Inamurrahman Khan v. State of U.P.

Case brief

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