Allowed

Ayyub v. State of U.P.

Allahabad HC18 Sept 2018BAIL/35234/2018

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant, Ayyub, who was arrested for alleged possession of country-made pistols. The release was granted subject to specific conditions regarding evidence tampering, witness intimidation, and appearance before the trial court.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions against tampering, intimidating witnesses, and appearing in court.

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

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35234 of 2018

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Applicant :- Ayyub Opposite Party :- State Of U.P. Counsel for Applicant :- Sandeep Tripathi 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 three accused persons namely, Vakil, Ayyub, Gullu @ Idrish alleging that on 6.8.2018 they were arrested by the police with six country-made pistols 315 bore and materials of manufacturing country-made pistols.

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It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. 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 6.8.2018 (near about one and half months) 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.

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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 Ayyub involved in Case Crime No. 455 of 2018, under Section 5/25 Arms Act, Police Station Kairana, District Shamli 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 :- 18.9.2018

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A. Singh

Ayyub v. State of U.P.

Case brief

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Ayyub v. State of U.P.

Case brief

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