Aziz Khan vs. State Of U.P.
Held
The Court granted bail to the applicant, Aziz Khan, without expressing any opinion on the merits of the case. The reasoning for granting bail was based on the submissions of the parties and the applicant's undertaking to cooperate with the trial and not misuse the liberty of bail. The Court directed that the applicant be released on furnishing a personal bond and two sureties to the satisfaction of the court concerned. Specific conditions were imposed, including not tampering with prosecution evidence, cooperating sincerely with the trial without seeking adjournments, and not indulging in any criminal activity. The Court noted that breach of these conditions would be grounds for cancellation of bail. The identity and residence proof of the applicant and sureties were to be verified. No issue was expressly left undecided.
Facts
The applicant, Aziz Khan, is seeking bail in connection with case crime No. 76 of 2010, registered under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, with GST No. 55 of 2010. The applicant's counsel argued that he is innocent, falsely implicated, and had gone to Surat for livelihood, leading to his non-appearance and a non-bailable warrant. He surrendered on March 29, 2019, and has been in jail since. He was previously on bail and did not misuse it, with no risk of fleeing or tampering with evidence. The State's counsel opposed bail, stating the applicant absconded for eight years and would misuse liberty if released.
Key Issues
1. Whether the applicant, Aziz Khan, is entitled to be released on bail under Section 439 of the Code of Criminal Procedure, 1973, considering his alleged absconding for eight years and the arguments presented by both sides. Petitioner's Arguments: The applicant is innocent, falsely implicated, and his absence was due to seeking livelihood in Surat. He surrendered upon learning of the non-bailable warrant, has been in custody since March 29, 2019, did not misuse previous bail, and poses no flight risk or risk of tampering with evidence. He undertakes to cooperate with the trial and not misuse bail. Revenue/State's Arguments: The applicant is not entitled to bail as he has been absconding for approximately eight years and is likely to misuse the liberty of bail if released.
Sections Cited
Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, Section 439 of Code of Criminal Procedure, 1973
AI-generated summary — verify with the full judgment below
Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19093 of 2019 Applicant :- Aziz Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Shamshuddin Khan Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that as the applicant had gone to Surat (Gujarat) to earn his livelihood, he could not appear before the court below and consequently, non- bailable warrant has been issued against him and thereafter, when he came to know about issuing non-bailable warrant against him, he surrendered before the court concerned and presently, he is in jail since 29.03.2019. It is also submitted by the learned counsel for the applicant that the applicant was on bail in the present case and he has never misused the liberty of bail. It is next contended that there are no chances of the applicant of fleeing away fr
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