Allowed

Arif v. State of U.P. and 3 Others

Allahabad HC19 Apr 2023BAIL/8209/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application where the applicant claimed false implication. Balancing the severity of the charges with the reformative theory of punishment, the court granted bail subject to stringent conditions regarding attendance and abstaining from adjournments.

What did the court decide?

The applicant to be released on bail by furnishing a personal bond with two heavy sureties of Rs. 2 Lacs each, one from family.

Arif Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8209 of 2023

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Applicant :- Arif Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant has not committed the alleged offence. He has been falsely implicated in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 19.12.2022. It has been pointed out that there is no previous criminal history of the applicant.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.

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Let the applicant Arif , involved in Case Crime No.228 of 2022, under Sections 323, 504, 354 I.P.C. and 7/8 of POCSO act, 2012, Police Station Hanumanganj, District Kushinagar be released on bail on his furnishing a personal bond with two heavy sureties of Rs.2 Lacs each one should be of family members in the like amount to the satisfaction of the court concerned with 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 when 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 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 during trial 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 19.4.2023 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Arif v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Arif v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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