Allowed

Aanshu v. State of U.P.

Allahabad HC31 Aug 2018BAIL/33392/2018

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a criminal case involvingIPC offences, relying on Article 21 and a Supreme Court precedent without expressing a view on the case merits. The applicant was released on a personal bond and two sureties subject to standard conditions.

What did the court decide?

Bail granted on a personal bond and two sureties each in such amount as the magistrate/court may decide.

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

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33392 of 2018

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Applicant :- Aanshu Opposite Party :- State Of U.P. Counsel for Applicant :- Siya Ram Verma,Arvind Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

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The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that as per statement of injured namely Faqroo and Shahbuddin no specific role has been assigned to the applicant only general allegations have been made against all the accused persons. A copy of the said statement has been annexed as Annexure No. 4 to the affidavit filed in support of bail application. It is also submitted that the criminal history of the applicant has properly been explained in para 16 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 07.11.2015 and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Let applicant Aanshu be released on bail in Case Crime No. 130 of 2011, under Sections 147, 148, 149, 452, 307, 504, 506 IPC, Police Station- Shergarh, District- Mathura on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following

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conditions:-

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(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 31.8.2018 Arti

Aanshu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aanshu v. State of U.P.

Case brief

What is this about?

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