Allowed

Sadik Khan @ Sanju v. State of U.P.

Allahabad HC3 Apr 2023BAIL/54371/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Sadik Khan, stating that the applicant has made out a case and is entitled to bail, subject to personal bond, sureties, and specific conditions for attendance and conduct.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two heavy local sureties, subject to conditions of appearance and conduct.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54371 of 2022

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Applicant :- Sadik Khan @ Sanju Opposite Party :- State of U.P. Counsel for Applicant :- Fariza Khanam,Mohd.Aslam Azhar Khan,Noori Ullah,Rajeev Ratan Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard Ms. Noori Ullah, learned counsel for the applicant, learned A.G.A for the State and perused the record.

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It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant submits that the applicant is neither named in the F.I.R. nor in the statement of the victim recorded under Section 164 Cr.P.C., however, his name was surfaced only in the statement of the victim recorded under Section 161 Cr.P.C. He further submits that as per the statement of the mother of the victim, the victim is alleged to be mentally retarded lady, however there is nothing on record to demonstrate that the victim is mentally retarded rather she is hale and hearty and is physically fit. She next submits that perusal of the statement of the victim recorded under Section 161 and 164 Cr.P.C. itself shows that the victim is not a mentally retarded lady. She therefore submits that no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that

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he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 20.07.2022 having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Sadik Khan @ Sanju involved in Case Crime No.218 of 2022 under Sections 376D, 452 I.P.C., Police Station Kareilly, District Allahabad, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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II. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his

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absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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III. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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IV. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 3.4.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Sadik Khan @ Sanju v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sadik Khan @ Sanju v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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