Aftab v. State of U.P.
Case brief
What is this about?
In a bail application under Section 307 IPC, the court granted bail to a surrendering applicant, emphasizing prima facie satisfaction regarding the charge and citing Article 21 principles without deciding on the merits of the case.
What did the court decide?
Release on bail with personal bond and two sureties, subject to conditions to ensure court appearance and expedite trial.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33659 of 2018
Applicant :- Aftab Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Irshad Ahmad, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant is a poor person and is labour due to some unavoidable circumstances, the applicant could not appear before the court on the dates fixed. It has further been stated that due to non appearance, non bailable warrant was issued against the applicant and when it came to the knowledge of the applicant he without further delay went to surrender before the court concerned where he was arrested and sent to jail. The applicant undertakes to appear before the trial court on each and every date fixed by the trial court. The applicant has no other reported criminal antecedent. The applicant is in jail since 17.6.2018.
Learned A.G.A. opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Issues for consideration
2 issues framed by the court
Whether to grant bail to the applicant who surrendered after the issuance of a non-bailable warrant.
Whether the applicant should be released on personal bond and sureties with conditions to ensure appearance in court.
Parties & counsel
- applicant
Aftab
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/33659/2018
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