Allowed

Aslam Chauhan v. State of U.P.

Allahabad HC31 Aug 2018BAIL/33308/2018

Case brief

AI extract

What is this about?

The court allowed bail to Aslam Chauhan under the Arms Act, noting the period of custody exceeded six months and expressing a view that the applicant made a case for bail without opining on the merits.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties, subject to specific conditions regarding tampering with evidence and appearing in court.

Aslam Chauhan Vs State of U.P. — Anticipatory Bail | Allahabad HC (2018)

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Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33308 of 2018 Applicant :- Aslam Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State, and perused the record.

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According to prosecution case, F.I.R. was lodged against four accused persons namely, Sajid Chauhan, Asalam Chauhan, Shahid Hasan and Aakib alleging that on 21.2.2018 accused Sakib Chauhan and Asalam Chauhan were arrested by the police and recovered 2.5 quintal beef and two knife and axe.

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It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. Applicant has already been granted bail in case crime no. 60 of 2018, under Section 3/5/8 Cow Slaughter Act. Recovery is false and planted. There is no evidence to connect the applicant with the present matter. There is no independent witness against the applicant. He is languishing in jail since 21.2.2018 (more than six months) criminal history has been explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history has been explained.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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.

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Let applicant Aslam Chauhan involved in Case Crime No. 62 of 2018, under Section 4/25 Arms Act, Police Station Lalauli, District Fatehpur 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 following conditions:

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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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.

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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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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 31.8.2018//A. Singh

Aslam Chauhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aslam Chauhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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