Allowed

Asfaq and Another v. State of U.P.

Allahabad HC27 Jul 2018BAIL/28102/2018

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application wherein the High Court admitted a supplementary affidavit and, without expressing an opinion on the merits, granted bail to the applicants upon furnishing a personal bond with two sureties each, subject to specific conditions.

What did the court decide?

Applicants released on bail under Sections 365, 342, 327, 387 IPC on furnishing a personal bond with two sureties each.

Asfaq and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

¶1

Court No. - 45

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28102 of 2018

¶3

Applicant :- Asfaq And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Vimal Chandra Pathak Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Supplementary affidavit filed today is taken on record.

¶6

Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.

¶7

The argument of the learned counsel for the applicants is that from the allegation made in the First Information Report there is no parity of role but in the statement of victim Ibrahim there is common allegation against all the accuseds. Further argument is that co-accused Lal Man Yadav has already been granted bail vide Crl. Misc. Bail Application No. 23004 of 2018 by this Court. The applicants have no criminal history to his credit and is in jail since 8.5.2018.

¶8

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants.

¶9

Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicants are entitled to be released on bail.

¶10

Let the applicants Asfaq and Mustaq be released on bail in Case Crime No. 137 of 2018, under Sections 365, 342, 327, 387 IPC, P.S. Purani Basti, District Basti on their furnishing a personal bond with 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 :-

¶11

1.The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶12

2.The applicants shall cooperate in the trial sincerely without seeking any adjournment.

¶13

3.The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶14

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

¶15

Order Date :- 27.7.2018 Rk

Asfaq and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asfaq and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shyam Lal Kol Vs State of U.P.

Sangram Mishra @ Sushil Mishra Vs State of U.P.

Prafull Sarkar Vs State of U.P.

Nirdesh Kumar Vs State of U.P.

Suresh @ Kalu Vs State of U.P.

Rakesh Raikwar Vs State of U.P.