Allowed

Ashif v. State of U.P.

Allahabad HC14 Mar 2019BAIL/10995/2019

Case brief

AI extract

What is this about?

Single judge allowed criminal miscellaneous bail application for an applicant charged with murder and poisoning. The court cited lack of eyewitnesses, independent witnesses, and the applicant's long-standing hospitalization of the deceased as reasons for granting bail subject to standard conditions.

What did the court decide?

Bail allowed on furnishing a personal bond and two sureties each in the like amount, subject to conditions ensuring no tampering, intimidation, or recurrence of offences.

Ashif Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10995 of 2019

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Applicant :- Ashif Opposite Party :- State Of U.P. Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant, Ms. Reema Gupta (B.H.), learned counsel appearing for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against the present applicant-Ashif and one unknown person alleging that there was love affair between the deceased (Hina) and applicant-Ashif. For demand of Rs.50,000/- the deceased went before Ashif and Ashif killed her by administering poison and admitted her in hospital and fled away.

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Learned counsel for the applicant submitted that Hina was the wife of Parvez. There was some dispute between Hina and Parvez hence she committed suicide and with conspiracy of Parvez and mother of the complainant the applicant has been falsely implicated in this case without evidence. There is no eye witness account against the applicant. There is no independent witness against the applicant. It is admitted fact that the applicant had admitted the deceased (Hina) in the hospital to save her life. During investigation, several affidavits filed before the S.S.P., Aligarh stating therein that the deceased was the tenant in the house of the applicant hence it was the pious duty of the applicant to admit the deceased in the hospital. Nothing has been done by the applicant. The applicant is languishing in jail since 9.10.2018 (more than five months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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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 applicant has no criminal history.

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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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Ashif involved in Case Crime No. 739 of 2018, under Sections 302, 328, 506 IPC, Police Station-Delhi Gate, District-Aligarh 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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2.The applicant will not pressurize/ intimidate the prosecution witness.

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

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4.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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5.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 :- 14.3.2019 OP

Ashif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashif v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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