Allowed

Aamir and Another v. State of U.P.

Allahabad HC17 Apr 2019BAIL/8218/2018

Case brief

AI extract

What is this about?

Single judge granted bail to two appellants in a murder case. The court found a prima facie case for bail due to delayed FIR and recognition of names only after four months, without expressing an opinion on merits of the charges.

What did the court decide?

Applicants granted to release on bail upon execution of personal bond and furnishing two sureties each, subject to standard bail conditions.

Aamir and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8218 of 2018 Applicant :- Aamir And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Tewari,Mrityunjay Dwivedi,Sanjay Pathak Counsel for Opposite Party :- G.A.,Rajesh K.S. Chaudhary

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Hon'ble Vipin Sinha,J.

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This bail application moved on behalf of applicants praying to enlarge the applicant on bail in Case Crime No.0237 of 2017, under Sections 302, 228, IPC, Police Station Barla, District Aligarh.

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List has been revised. Learned counsel for the complainant is not present.

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Heard Sri Mrityunjay Dwivedi, learned counsel for the applicants and Sri Yogeshwar Rai, learned AGA appearing for the State.

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It has been contended by the counsel for the applicants that though the applicants were not named in the first information report itself and they have been shown as an accused, but no specific role has been assigned in the first information report to the present applicants; that it has been contended that even in the FIR itself it appears that name of the present applicant has been come up on the basis of suspicion only; that present FIR has been lodged after 15 days of the alleged incident; that after a period of four months the statement of the child of deceased was recorded and in the said statement the name of the applicants also cropped up; that the applicants are in jail since 10.11.2017 with no previous criminal history.

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Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.

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In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the

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said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.

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The prayer for bail is granted. The application is allowed.

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Let the applicants Aamir and Imran, involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicants shall not tamper with the prosecution evidence.

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ii) The applicants shall not threaten or harass the prosecution witnesses.

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iii) The applicants shall appear on the date fixed by the trial court.

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iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission, of which applicants are suspected.

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v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicants from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.

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Order Date :- 17.4.2019/VKG

Aamir and Another v. State of U.P.

Case brief

What is this about?

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Aamir and Another v. State of U.P.

Case brief

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