Allowed

State of U.P. v. Fasahat Ali Khan Alias Shanu

Allahabad HC16 Feb 2023BAILC/300/2020

Case brief

AI extract

What is this about?

In a bail cancellation application, the High Court set aside the trial court's bail order for an accused with an extensive criminal record (21 cases) involved in demolition and looting, directing his arrest while leaving the door open for a fresh bail application.

What did the court decide?

Impugned bail order of 29.7.2020 set aside; accused to be arrested; fresh bail application permissible after surrender/arrest.

State of U.P. Vs Fasahat Ali Khan Alias Shanu — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 300 of 2020

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Applicant :- State of U.P. Opposite Party :- Fasahat Ali Khan Alias Shanu Counsel for Applicant :- G.A.

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Counsel for Opposite Party :- Gaurav Tiwari,Mumtaz Ahmad Siddiqui

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Hon'ble Dinesh Kumar Singh,J.

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Heard Sri Ratnendu Kumar Singh, learned AGA for applicantState. However, no one has put in appearance on behalf of the accused-respondent even on revised call.

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The present application under Section 439(2) Cr.P.C. have been filed seeking cancellation of the order dated 29.7.2020 passed by the Special Judge (MP/MLA)/Additional Sessions Judge, Court No.10, Rampur in Bail Application No.254 of 2020 filed in FIR No.539 of 2019, under Sections 452, 427, 504, 323, 395, 448, 120B and 412 IPC, Police Station Kotwali, District Rampur, whereby the learned trial court has admitted the accused-respondent on bail.

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As per the FIR, the complainant has been living in the Orphanage (Yateemkhana) at Sarai Gate, Rampur with his family. The house was allotted to him and he is having receipts of rent being paid by him. On 15.10.2016 at around 4.30 PM, the then Circle Officer (City) Ale Hasan, Fasahat Shanu, Islam (Contractor), SOG Constable Dharmendra, Virendra Goel and 2530 other persons came to his house and threatened him to vacate his house. They were saying that Azam Khan would construct a school at Yateemkhana and the land of Yateemkhana was required for construction of the school.

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When the complainant objected and refused to vacate the premises, he was assaulted and given threats of his life. The

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accused did not stop, but they forcibly threw out the family members from the house and demolished his house by running Bulldozer. It was further said that the accused had looted Rs.20,000/-, which was kept in the house, some jewellery of gold and silver as well as two Buffaloes. The Buffaloes of the complainant were said to be in the Gaushala of Azam Khan.

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During the course of investigation, some looted articles were recovered from the possession of the accused-respondent and he had confessed the crime during the course of investigation. The accused-respondent had long criminal history of 21 cases, which are as under:-

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"1. Case Crime No.528 of 2019, under Sections 452, 389, 427, 448, 395, 506, 504 and 120-B IPC, Police Station Kotwali, District Rampur;

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2. Case Crime No.529 of 2019, under Sections 452, 354A, 395, 389, 448, 427, 506, 504 and 120-B IPC, Police Station Kotwali, District Rampur;

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3. Case Crime No.530 of 2019, under Sections 427, 504, 323, 395, 304 and 448 IPC, Police Station Kotwali, District Rampur;

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4. Case Crime No.531 of 2019, under Sections 452, 427, 448, 395, 506, 504 IPC, Police Station Kotwali, District Rampur;

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5. Case Crime No.533 of 2019, under Sections 452, 323, 427, 448, 395, 506, 504 and 120-B IPC, Police Station Kotwali, District Rampur;

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6. Case Crime No.534 of 2019, under Sections 452, 389, 427, 448, 395, 506, 504 and 120-B IPC, Police Station Kotwali, District Rampur;

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7. Case Crime No.535 of 2019, under Sections 452, 323, 427, 448, 395, 506, 504 and 120-B IPC, Police Station Kotwali, District Rampur;

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8. Case Crime No.536 of 2019, under Sections 452, 389, 427, 448, 395, 506, 504 and 120-B IPC, Police Station Kotwali, District Rampur;

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9. Case Crime No.537 of 2019, under Sections 452, 323, 427, 448, 395, 389, 506, 504 and 120-B IPC, Police Station Kotwali, District Rampur;

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10. Case Crime No.538 of 2019, under Sections 452, 427, 448, 395, 506, 504 and 120-B IPC, Police Station Kotwali, District Rampur;

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11. Case Crime No.439 of 2019, under Sections 452, 323, 427, 448, 395, and 120-B IPC, Police Station Kotwali, District Rampur;

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12. Case Crime No.556 of 2019, under Sections 452, 389, 427, 448, 395, 506, 504 and 120-B IPC, Police Station Kotwali, District Rampur;

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13. Case Crime No.533 of 2019, under Sections 452, 447, 323, 427, 448, 392, 504 IPC, Police Station Kotwali, District Rampur;

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14. Case Crime No.513 of 2019, under Sections 452, 427, 447, 392 506, 504 IPC, Police Station Kotwali, District Rampur;

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15. Case Crime No.629 of 2019, under Sections 447, 452, 323, 504, 354, 506, 392 IPC, Police Station Kotwali, District Rampur;

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16. Case Crime No.538 of 2019, under Sections 447, 452, 323, 504, 506, 392 IPC, Police Station Kotwali, District Rampur;

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17. Case Crime No.536 of 2019, under Sections 447, 452, 427, 504, 506, 392 IPC, Police Station Kotwali, District Rampur;

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18. Case Crime No.216 of 2019, under Sections 147, 188, 341 IPC, Police Station Kotwali, District Rampur;

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19. Case Crime No.132 of 2019, under Section 188 IPC and Section 6 United provinces Power Ac, Police Station Ganj, District Rampur;

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20. Case Crime No.478 of 2019, under Sections 504 and 506 IPC and Section 67 Information Technology Act, Police Station Gaanj, District Rampur; and

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21. Case Crime No.95 of 2014, under Sections 147, 148, 149, 307, 427, 366 and 188 IPC, Police Station Ganj, District Rampur;

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Learned trial court has not considered the grievous nature of the offence nor it has considered the long criminal history of the accused-respondent while enlarging him on bail.

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The accused-respondent and other co-accused named in the FIR under the intoxication of power had demolished the small residential premises of the complainant in a manner unknown to law. Charge sheet has already been filed against the accusedrespondent and other co-accused.

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While considering the bail application, nature of offence, material and evidence on record and the criminal history/antecedents of the accused are to be considered. The impugned order granting bail to the accused-respondent would disclose that the learned trial court has not considered any of the relevant factors while enlarging the accused-respondent on bail.

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In view thereof, the order dated 29.7.2020 passed by the Special Judge (MP/MLA)/Additional Sessions Judge, Court No.10, Rampur in Bail Application No.254 of 2020 filed in FIR No.539 of 2019, under Sections 452, 427, 504, 323, 395, 448, 120-B and 412

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IPC, Police Station Kotwali, District Rampur, is hereby set aside. The accused-respondent Fasahat Ali Khan may be arrested.

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However, if the accused-respondent moves a fresh bail application, his bail application shall be considered and decided in accordance with law after considering the relevant factors. Any observation of this Court while cancelling the bail of the accusedrespondent, which was granted by the learned trial court vide order dated 29.7.2020, shall not have any bearing for fresh consideration of the bail application of the accused-respondent, after he surrenders or arrested.

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Subject to above noted terms, the application stands allowed.

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Order Date :- 16.2.2023 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad

State of U.P. v. Fasahat Ali Khan Alias Shanu

Case brief

What is this about?

What did the court decide?

State of U.P. v. Fasahat Ali Khan Alias Shanu

Case brief

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What did the court decide?

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