Allowed

Tauseem Aalam v. State of U.P.

Allahabad HC18 Apr 2023BAIL/59459/2022

Case brief

AI extract

What is this about?

This is a bail application where the court, after hearing counsel and considering the nature of the offence and the applicant's lack of criminal history, allowed the bail prayer and ordered the release of the applicant subject to bond and sureties. The court referred to Apex Court precedents but did not decide on the merits of the case.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties.

Tauseem Aalam Vs State of U.P. — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59459 of 2022

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Applicant :- Tauseem Aalam Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Dhar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed by learned A.G.A. is taken on record.

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Heard Sri Shashi Dhar Shukla, learned counsel for the applicant and Sri Mithlesh Kumar, 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 with a prayer to release him on bail in Case Crime No.07 of 2022, under Sections 419, 420, 467, 468, 471 I.P.C. and Section 66 (D) I.T. Act, P.S. Cyber Crime, District Basti.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the first information report of the alleged incident is highly delayed for which no plausible explanation has been given, which itself falsify the prosecution story; the applicant is not named in the first information report and the name of applicant surfaced in the statement of coaccused; nothing has been recovered from possession of applicant; there is no independent witness of the alleged recovery. The applicant was not arrested from spot. The co-accused namely Ashik Ali has already been released on bail by Co-ordinate Bench of this Court vide order dated 31.1.2023 passed in Criminal Misc. Bail Application No.58968 of 2022, a copy of said order has been produced by learned counsel for the applicant which is taken on record. The applicant claims parity. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 6.11.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Tauseem Aalam , who is involved in the aforesaid

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

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Order Date :- 18.4.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Tauseem Aalam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Tauseem Aalam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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