Allowed

Imtiyaj v. State of U.P.

Allahabad HC2 Jan 2023BAIL/58493/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 58493 of 2022, the Allahabad High Court allowed the bail application of Imtiyaj charged with murder under Sections 302 and 34 IPC. The applicant, summoned under section 319 Cr.P.C. after initial exoneration, had a co-accued on bail. The Court granted bail by reference to prisoner overcrowding and bail precedents without expressing merit-based opinion, imposin

What did the court decide?

Release on bail subject to personal bond with two sureties and conditions including cooperation with trial and non-interference with witnesses.

Imtiyaj Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58493 of 2022

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Applicant :- Imtiyaj Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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

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The instant bail application has been filed on behalf of the applicant, Imtiyaj , with a prayer to release him on bail in Case Crime No. 199 of 2016, under Sections 302, 34, 506 IPC Police Station Jhinjhana, District- Shamli, during pendency of trial.

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There is allegation of forming illegal assembly with common object to commit murder. Learned counsel for the applicant has submitted that applicant was named in the First Information Report but subsequently on the basis of statement of the informant recorded under section 164 Cr.P.C. he was exonerated by the investigating officer. During trial he has been summoned to face trial under section 319 Cr.P.C. It is further submitted tat co-accused namely, Nawwaj has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 21.12.2022 passed in Criminal Misc. Bail Application No.53282 of 2022. It is next submitted that applicant has no criminal history and he is languishing in jail since 21.9.2022 and in case, he is enlarged on bail he will not misuse the liberty of bail and shall cooperate with the trial.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made

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out a case for bail.

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The bail application is allowed .

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Let the applicant- Imtiyaj be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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That 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;

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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 to ensure presence of the applicant.

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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.

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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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Date :- 2.1.2023 Sachin/-

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Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad

Imtiyaj v. State of U.P.

Case brief

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Imtiyaj v. State of U.P.

Case brief

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