Allowed

Asad v. State of U.P.

Allahabad HC6 Mar 2018BAIL/8316/2018

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant Asad in a criminal case involving cheating and criminal breach of trust. The court granted bail subject to furnishing a personal bond with sureties and compliance with standard conditions regarding witness tampering and illegal activities.

What did the court decide?

The applicant was released on bail on furnishing a personal bond with two sureties subject to specific conditions.

Asad Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8316 of 2018

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Applicant :- Asad Opposite Party :- State Of U.P. Counsel for Applicant :- Deena Nath Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Deena Nath, learned counsel for the applicant and Sri R.S.Parihar, learned A.G.A. appearing for the State.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to political rivalry and he has committed no offence. It is next contended that the applicant is a labourer and supporter of Samajwadi Party. It is further contended that the alleged recovery of Bolero Car was made from the joint possession of the applicant alongwith two other co-accused, which is false one. This fact is mentioned in paragraphs 3 & 4 of the affidavit filed in support of the 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. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 3.2.2018. The applicant has no other reported criminal antecedent.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Asad, involved in Case Crime No. 41 of 2018,, under Sections 411, 414, 419, 420, 467, 472 I.P.C., Police Station Puramufti, District Kaushambi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned, if not

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warranted in any other case with the following conditions.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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Order Date :- 6.3.2018 IA

Asad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asad 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

Statutes considered

Parties & counsel

Coram

Case details

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