Allowed

Khatai @ Mukhtar v. State of U.P. Thru. Secy. Home Lko.

Allahabad HC26 Sept 2024/7606/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal bail application. The court found it fit to enlarge the applicant on bail despite a filed charge sheet, noting the applicant has been in jail since June 2024 and no intention to cause serious injury was established. Standard conditions regarding witness tampering and court attendance were imposed.

What did the court decide?

The applicant is allowed to be released on bail by furnishing a personal bond and two sureties.

Khatai @ Mukhtar Vs State of U.P. Thru. Secy. Home Lko. — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:67208

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Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7606 of 2024 Applicant :- Khatai @ Mukhtar Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Mukhtar Ahamad,Ana Fatma,Mohd. Salman Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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It is alleged in the FIR that on 20.10.2019 while the the betting was going on, the complainant reached there, then between Govinda and Khutai, a verbal spat started and suddenly it turn into fighting. The complainant was beaten by kicks and fists. The applicant fired upon the complainant. The complainant somehow saved his life. In the incident the complainant has received several injuries.

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Learned counsel for the applicant submits that the applicant is languishing in jail since 25.06.2024. Charge sheet in the case has been filed. The injured has received simple injuries. It has been further submitted that all of a sudden, the trivial matter turned into fightingh. There was no intention to cause injury. Neither there was any time to cool down. The applicant has explained his criminal history of four cases.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned AGA has opposed the bail application submitting that except injury no. 3, injury no. 1 and 2 are grievous in nature.

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On due consideration to the fact that charge sheet has been filed; the applicant is languishing in jail since 25.06.2024; he has explained his criminal antecedent; the offences are

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punishable up to seven years and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant involved in Case Crime No. 30/2020, under Sections 308/323 IPC, Police Station - Bangermau, District - Unnao, 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 or tamper with the evidence.

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(iv) 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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(v) 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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(vi) 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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Order Date :- 26.9.2024/R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Khatai @ Mukhtar v. State of U.P. Thru. Secy. Home Lko.

Case brief

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Khatai @ Mukhtar v. State of U.P. Thru. Secy. Home Lko.

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