Allowed

Danish Khan v. State of U.P.

Allahabad HC6 Dec 2023BAIL/43854/2023

Case brief

AI extract

What is this about?

This court allowed a second bail application filed by Danish Khan. The applicant contended that the victim turned hostile after the first bail application was dismissed on merit. The court granted bail without expressing an opinion on the merits of the case.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties with conditions to appear in court and not tamper with evidence.

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

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Neutral Citation No. - 2023:AHC:231665

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43854 of 2023

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Applicant :- Danish Khan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Mohd. Irfan, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 02 of 2023, under Sections 452, 376-D, 377, 506 IPC, Police Station- Milak, DistrictRampur, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 20.04.2023 and he is pressing the instant second bail application on the ground that after rejection of the first bail application of the applicant when victim of the case appeared before the trial court then she did not support the prosecution case and she has been declared hostile and the statement of the victim recorded by the trial court has been annexed alongwith the instant bail application as Annexure No. 8 to the affidavit.

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He further submitted that applicant is not having any criminal history and he is in jail since 06.01.2023.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the fact that after rejection of the first bail application of the applicant,when victim of the case appeared before the trial court then she has been declared hostile and applicant is in jail since 06.01.2023.

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I have heard learned counsel for the parties and perused the record of the case.

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However, this is the second bail application filed on behalf of

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the applicant and his first bail application was dismissed on merit by this Court on 20.04.2023 but it appears that after rejection of the first bail application of the applicant,when victim of the case appeared before the trial court then she did not support the prosecution case and has been declared hostile.

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Further, applicant is not having any criminal history and he is in jail since 06.01.2023 i.e. for almost a year.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Danish Khan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 6.12.2023 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Danish Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Danish 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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