Karua @ Naushad v. State of U.P

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34898 of 2023 Applicant :- Karua @ Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.

¶1Learned A.G.A. submits that instructions have been received and he has no objection in case the bail application is heard on merits.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3It is submitted by learned counsel for the applicant that earlier the applicant was enlarged on bail in the present case. However, subsequently from 6.1.2022 to 12.12.2022, applicant could not appear before the trial court. The reason for non appearance is that applicant in the meantime was apprehended in Case Crime No.430 of 2022, where the applicant has been enlarged on bail on

1.11.2022. He submits that on account of aforesaid fact, applicant could not appear before the trial court. The applicant undertakes to remain present before the trial court on the date fixed and shall not seek any adjournment, unless specifically exempted by the court concerned. 3-A. Learned counsel for the applicant has further drawn the attention of this Court to the fact that charge against applicant has already been framed on 23.9.2019. Applicant is languishing in jail since 12.12.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶4Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.

¶5Considering the facts and circumstances of the case, nature of offence, undertaking and submissions of learned counsel for the Applicant 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.

¶6Let the applicant Karua @ Naushad involved in Case Crime No.63 of 2017, under Sections 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, 1986 Police Station Lodha, District Aligarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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

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

(iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required.

(iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(v) . 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.

(vi). The applicant shall not leave India without the previous permission of the Court.

¶7In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.11.2023 D. Tamang High Court of Judicature at Allahabad