Allowed

Aslam Tanda v. State of U.P. Thru. Secy. Home Deptt. Lko

Allahabad HC4 Dec 2024BAIL/9341/2024

Case brief

AI extract

What is this about?

Karunesh Singh Pawar, J., allowed the bail application for Aslam Tanda, falsely closing of the golden chains alleged to have been recovered with the accused. The court emphasised the lack of independent witness to the recovery. He has been in jail since 24.05.2024. Co-accused Ateeq @ Raju @ Kaju is also in custody. The applicant failed to appear before the trial court. Aslam Tanda is already on ba

What did the court decide?

Released on bail on a personal bond and two sureties with strict conditions regarding appearance, evidence, and witness safety.

Aslam Tanda Vs State of U.P. Thru. Secy. Home Deptt. Lko — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:81019

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9341 of 2024

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Applicant :- Aslam Tanda Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko Counsel for Applicant :- Neha Chaurasia,Arvind Kumar Mishra

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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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Learned counsel for the applicant submits that the applicant is not named in the FIR. He has explained his criminal antecedents in para 20 of the bail application. There is no independent witness of the alleged recovery of the golden chains. No test identification parade has been conducted. The applicant is languishing in jail since 24.05.2024.

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It has been further submitted that co-accused Ateeq @ Raju @ Kaju has been granted bail by this Court vide order dated 26.09.2024 passed in criminal misc. bail application No. 9167 of 2024.

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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 the applicant has a criminal history of like nature.

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On due consideration to the fact that there is no independent witness of the alleged recovery; the applicant has explained the criminal antecedent in para 20 of the bail application; he is languishing in jail since 24.05.2024, coupled with the fact that co-accused Ateeq @ Raju @ Kaju has been enlarged on bail 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 Aslam Tanda, involved in Case Crime No. 206/2024, under Sections 392/411/413 IPC, Police Station - Biswan, District - Sitapur, be released on bail on his furnishing

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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 :- 4.12.2024 R.C.

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

Aslam Tanda v. State of U.P. Thru. Secy. Home Deptt. Lko

Case brief

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Aslam Tanda v. State of U.P. Thru. Secy. Home Deptt. Lko

Case brief

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