Allowed¶17

Sabir Khan v. State of U.P.

Allahabad HC2 Feb 2023BAIL/51518/2022

Case brief

AI extract

What is this about?

Sabir Khan; third bail application; Gangsters Act Sections 2/3; Case Crime No. 219 of 2020; P.S. Shamshabad, District Agra; in custody since 10.01.2020; second bail rejected 12.08.2021; 32 witnesses proposed, none examined; delay in trial; bail allowed with conditions; personal bond and two sureties; Allahabad High Court; Ajay Bhanot, J.; decided 2.2.2023.

What did the court decide?

Applicant Sabir Khan to be released on bail in Case Crime No. 219 of 2020 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to conditions that he not tamper with evidence or influence witnesses and that he appear before the trial court on dates fixed unless exempted. ¶17

Sabir Khan Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Sabir Khan is entitled to be enlarged on bail in Case Crime No. 219 of 2020, Police Station Shamshabad, District Agra, under Sections 2/3 of the Gangsters Act.

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Court's answer

The arguments advanced on behalf of the applicant, which could not be satisfactorily refuted by the learned AGA from the record, entitle the applicant to grant of bail.

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Ratio / Principle

In the light of the preceding discussion, and without making any observations on the merits of the case, the bail application is allowed.

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Key takeaways

The applicant Sabir Khan is to be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.ratio¶17
As a condition of bail, the applicant shall not tamper with the evidence or influence any witness during the trial.ratio¶18
The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Ajay Bhanot, J.) allowed the third bail application of Sabir Khan in Case Crime No. 219 of 2020, P.S. Shamshabad, District Agra, under Sections 2/3 of the Gangsters Act. The applicant, in jail since 10.01.2020 (about three years), stood enlarged on bail in all four cases shown in the gang chart; his second bail application had been rejected on 12.08.2021. The chargesheet proposed 32 witnesses, none of whom had been examined, with the trial moving at a snail's pace. Holding that the applicant's arguments — including the inordinate delay in trial leading to virtually indefinite imprisonment — could not be satisfactorily refuted by the learned AGA and entailed grant of bail, the Court allowed the application without making observations on the merits, directing release on a personal bond with two sureties each in the like amount, subject to conditions of non-tampering with evidence, non-influencing of witnesses, and appearance before the trial court on fixed dates. Order dated 2.2.2023.

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51518 of 2022

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Applicant :- Sabir Khan Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava,Phoolbadan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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This is a third bail application.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.219 of 2020 at Police Station-Shamshabad, District-Agra under Sections 2/3 of Gangsters Act. The applicant is in jail since 10.01.2020.

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The second bail application of the applicant was rejected by this Court on 12.08.2021.

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The following arguments made by Ms. Swati Agrawal Srivastava, learned counsel assisted by Shri Phoolbadan Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned AGA from the record, entitle the applicant for grant of bail:

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(1). The applicant has been enlarged on bail in all the four criminal cases depicted in the gang chart.

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(2). He is not a member of any criminal gang.

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(3). As per the chargesheet, the prosecution proposes to

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examine 32 witnesses to bring home the charges. Till date not a single witness has been examined. The applicant is in jail for the past three years. The trial is moving at a snail's pace and is not likely to conclude anytime in the near future. The applicant is not responsible for the delay in the trial.

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(4). Inordinate delay in concluding trial had has led to virtually an indefinite imprisonment of the applicant and violates the rights of the applicant to speedy trial.

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(5). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The applicant has never misused the liberty of bail granted in the said cases. The said cases do not have any bearing on the instant bail application.

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(6). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Sabir Khan be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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

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Order Date :- 2.2.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Sabir Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sabir Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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