Allowed

Jubair Ali v. State of U.P.

Allahabad HC28 Nov 2023BAIL/50779/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to the applicant in a trial under the U.P. Gangster Act, finding the trial delayed and no reasonable apprehension of tampering with evidence or witness intimidation.

What did the court decide?

The applicant was released on bail on a personal bond and two heavy sureties, subject to conditions regarding court appearance, non-tampering, and residing within the district.

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

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Neutral Citation No. - 2023:AHC:224119

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50779 of 2023

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Applicant :- Jubair Ali Opposite Party :- State of U.P. Counsel for Applicant :- Balbir Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri V.P. Tripathi, learned AGA for the State-respondent. Perused the record.

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The present bail application has been filed by the applicant to enlarge him on bail in Case Crime No. 300 of 2019, under Section 2/3 of U.P. Gangster Act, 1986, Police Station Chharra, District Aligarh during the pendency of trial.

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Counsel for the applicant submits that earlier the applicant was granted bail by this Court on 15.12.2020. Though, the applicant participated in the trial for considerable period, the trial could not conclude and at the same time due to unavoidable reasons the applicant could not appear before the court concerned on 23.4.2022. Consequently, non-bailable warrant was issued. The applicant surrendered on 24.9.2023 and since then he is in jail. Learned counsel for the applicant on the basis of instructions submits that if the applicant is enlarged on bail, he shall appear regularly before the trial court and shall not leave the station without permission of the court concerned.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant had earlier appeared and contested the proceedings, however, the trial could not conclude and further the applicant has presently remained confined for more than two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Jubair Ali involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses; and,

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(iv) the applicant shall not leave the district without the leave of the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 28.11.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Jubair Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jubair Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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