Mohammad Anas Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Mohammad Anas Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Mohammad Anas in Case Crime No. 71 of 2020 under Sections 147, 149, 308, 323, 504, 506 IPC, P.S. Sidhari, District Azamgarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence; no pressurizing/intimidating prosecution witnesses, cooperation with trial; appearance on each date fixed by the trial court unless exempted); breach entitles the trial court to cancel bail.

Issue for consideration

Whether the applicant Mohammad Anas, involved in Case Crime No. 71 of 2020 under Sections 147, 149, 308, 323, 504, 506 IPC, Police Station Sidhari, District Azamgarh, should be released on bail.

Court's answer

Without expressing any opinion on the merits of the case, the court held that it is a fit case for bail.

Ratio / Principle

The applicant Mohammad Anas was directed to be released on bail in Case Crime No. 71 of 2020 on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Key takeaways

Bail was made subject to conditions: the applicant shall not tamper with the evidence; shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial; and shall appear on each and every date fixed by the trial court unless personal appearance is exempted. In case of breach of any condition, the trial court is at liberty to cancel the bail.ratio¶13

Detailed headnote1 paragraphs

Bail application allowed. Applicant Mohammad Anas, named in an F.I.R. along with 6 named persons (including himself) and 15-20 unknown persons for alleged marpit with the injured, against whom only a general allegation was made with no specific role assigned, was granted bail in Case Crime No. 71 of 2020 under Sections 147, 149, 308, 323, 504, 506 IPC, Police Station Sidhari, District Azamgarh. Injuries of the injured persons (contusion and abrasion on Sandeep, Indresh and Vidyanand; stitch wounds on the head of Rajat Maurya; no bony injury on X-ray) were not fatal to life. The court, without expressing any opinion on the merits of the case, held it a fit case for bail and directed release on a personal bond and two sureties each in the like amount, subject to conditions: (i) not to tamper with the evidence; (ii) not to pressurize/intimidate the prosecution witnesses and to cooperate with the trial; (iii) to appear on each and every date fixed by the trial court unless personal appearance is exempted; in case of breach of any condition, the trial court is at liberty to cancel the bail. Applicant in jail since 27.5.2020; criminal history explained in paragraph 19 of the affidavit filed in support of the bail application. (Bachchoo Lal, J.; Order Date 1.9.2020)

Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20797 of 2020

Applicant :- Mohammad Anas Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned AGA and perused the record.

Learned counsel for the applicant submits that the F.I.R. of the alleged incident has been lodged against 6 named persons including the applicant and 15-20 unknown making general allegation for committing marpit with the injured persons. Contusion and abrasion were found on the persons of injured Sandeep, Indresh and Vidyanand. Stitch wounds were found on the head of injured Rajat Maurya. As per X-ray report no bony injury has been found to the injured persons. There is general allegation against the applicant. No specific role has been assigned to him. Injuries of injured persons are not fatal to life. The applicant has not committed the alleged offence. False allegation has been made against him. Criminal history of the applicant has been explained in paragraph no. 19 of the affidavit filed in support of bail application. The applicant is in jail since 27.5.2020.

Per contra, learned AGA opposed the prayer for bail.

Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Mohammad Anas involved in Case Crime No. 71 of 2020, under Section 147, 149, 308, 323, 504, 506 IPC Police Station Sidhari District Azamgarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

The applicant will not tamper with the evidences.

The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.

The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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

Order Date :- 1.9.2020 Gss