Allowed

Kallan Alias Sabir Alias Tanne v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Allahabad HC14 Nov 2024/6716/2024

Case brief

AI extract

What is this about?

This is a bail application filed by Kallan amidst allegations of possession of a country-made pistol. The court, considering the lack of independent witness for recovery and the applicant's clean antecedents, deemed it a fit case for bail, subject to specific conditions to prevent interference with evidence and ensure trial attendance.

What did the court decide?

Grants bail on personal bond and two sureties, conditioned to not tamper with evidence, appear for framing of charge and Section 313 statement, and not misuse liberty.

Kallan Alias Sabir Alias Tanne Vs State of U.P. Thru… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:75411

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6716 of 2024

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Applicant :- Kallan Alias Sabir Alias Tanne Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. Counsel for Applicant :- Amar Nath Dubey,Uma Kant Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,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 with the prayer to release him on bail during the trial in Case Crime No. 57 of 2024, under sections 3/5/25 of the Arms Act, Police Station-Udaipur, District -Pratapgarh.

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Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that there is no independent public eye witness of the recovery of the alleged countrymade pistol and the other incriminating articles. He next added that the story, which is narrated in the recovery memo, is improbable. He has also shown the other falsity in the story of the prosecution and submits that except apart the recovery memo, there is no other cogent piece of evidence against the applicant so as to connect him in the instant matter. He submits that the applicant has no previous criminal history and he is languishing in jail since 02-04-2024. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

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Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and

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submits that the applicant is not entitled for any relief.

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Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 02-04-2024;there is no previous criminal antecedent of the applicant coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

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Let the applicant- Kallan alias Sabir alias Tanne, involved in the aforementioned 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, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) 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. He 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 sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3) 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.; and

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(4) 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, 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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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations 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 merits of the case.

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Order Date :- 14.11.2024 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Kallan Alias Sabir Alias Tanne v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Case brief

What is this about?

What did the court decide?

Kallan Alias Sabir Alias Tanne v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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