Court allowed bail to the first accused in a case alleging police party firing and violation of Passports Act/Foreigners Act, noting no injuries sustained by police and lack of criminal history.
Applicant to be released on bail on furnishing personal bonds and sureties of Rs. 25,000/each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:161758
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4955 of 2023
Applicant :- Alameen @ Mintu Opposite Party :- State of U.P. Counsel for Applicant :- Azad Khan,Rakesh Chauhan,Sarita Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The FIR in question was lodged alleging that the applicant was involved in a police party firing and he is alleged to be a Bangladeshi citizen.
3 . The contention of the counsel for the applicant is that in the alleged firing no injuries were sustained by the police party, as such, no case is made out. As regards the allegations of violation of Passports Act, the submission of the counsel for the applicant is that the father of the applicant is staying as is demonstrated from the Aadhar Car, Ration Car and Voter ID, which primarily proves that the applicant is an Indian citizen.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the said material on record coupled with the fact that the applicant is in custody since 15.01.2022 and has no criminal history, the applicant is enlarged on bail, there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
6. Accordingly, the bail application is allowed .
7. Let the applicant Alameen @ Mintu be released on bail in FIR/ Case Crime No. 24 of 2022, under Sections 147, 148, 149, 186,
307 and 420 IPC & 3 and 6 of The Passport Act, 1967, 14/15 foreigners Act, 1946, P.S. Sipari Bazar, District Jhansi, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/each and in addition thereto, another two sureties of residents of India to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
Order Date :- 10.8.2023 S.A.
Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a case alleging police party firing and violation of the Passports Act.
Whether the alleged violation of the Passports Act holds considering the applicant's domestic documents proving Indian citizen status.
Whether the fact that the applicant is first accused and has no criminal history warrants release on bail.
3 provisions across 3 enactments
Alameen @ Mintu
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
