Allowed

Miyan Alias Sajid v. State of U.P.

Allahabad HC12 Jan 2023BAIL/52991/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 52991 of 2022, the Court allowed bail to the applicant charged with Sections 395, 397, and 412 IPC. The applicant sought release due to a communication gap with counsel and asserted no flight risk. The Court granted bail on personal bond with conditions.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties with specific conditions of appearance and non-interference.

Miyan Alias Sajid Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52991 of 2022

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Applicant :- Miyan Alias Sajid Opposite Party :- State of U.P. Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.1088 of 2014 at Police Station-Siddharth Nagar, District-Siddharth Nagar under Sections 395, 397, 412 IPC. The applicant is in jail since 29.09.2022.

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The bail application of the applicant was rejected by learned trial court on 31.10.2022.

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The following arguments made by Shri Shahroze Khan, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail: (1). The applicant is a law abiding citizen. The applicant was not able to attend the trial proceedings on the appointed date as there was a communication gap between the applicant and his counsel.

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(2). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated

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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-Miyan Alias Sajid 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 :- 12.1.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Miyan Alias Sajid v. State of U.P.

Case brief

What is this about?

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Miyan Alias Sajid v. State of U.P.

Case brief

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