HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 31986 of 2019
Applicant :- Imran Khan
Opposite Party :- State Of U.P.
Counsel for Applicant :- Maohammd Nadeem,Qamrul Hasan
Counsel for Opposite Party :- G.A.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the present implication of the applicant is by way of counter blast. Earlier on 19.06.2019, sister of the applicant, namely, Zulekha Begum, got an application under Section 156(3) Cr.P.C filed against the informant and 7 others alleging offence under Sections 354 I.P.C and other sections. The aforesaid application has now been treated as complaint on 02.08.2019. The certified copy of the order dated 02.08.2019, whereby application has been treated as compliant has been brought on record, which is taken on record. Learned counsel for the applicant submitted that on account of above implication of the informant and 7 others, the present proceedings have been initiated against him only to pressurise the applicant side. The applicant is in jail since 17.06.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the SectionArticle 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Imran Khan involved in Case Crime No.85 of 2019, under Sections 323, Section354, Section452 IPC, Police Station Jahanganj, District- Farrukhabad 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 20.8.2019