Allowed

Annu @ Anuj @ Anurag v. State of U.P.

Allahabad HC16 Dec 2020BAIL/26618/2020

Case brief

AI extract

What is this about?

Hon'ble Rajiv Joshi, J. allowed bail to Annu @ Anuj @ Anurag in an FIR under Section 307 IPC for firing upon police with no injuries. Considering the nature of the offence, spread of corona virus, and likelihood of bail tampering, the court imposed strict conditions including personal bond and sureties.

What did the court decide?

Release of the applicant on personal bond and two sureties subject to conditions of not tampering with evidence, cooperating in trial, and not committing further crimes.

Annu @ Anuj @ Anurag Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26618 of 2020

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Applicant :- Annu @ Anuj @ Anurag Opposite Party :- State of U.P. Counsel for Applicant :- Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Sudhanshu Kumar Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 677 of 2019 under Section- 307 IPC, Police Station- Uttar, District- Firozabad, during pendency of trial.

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It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in the present case. It is further submitted that it is a case of firing upon the police force, in which nobody has got injured. It is further contended that it is a case of no injury and the applicant has not assigned the role of firing. The applicant is in jail since 21.10.2019 having criminal history of seven cases which has been explained in para-12 to the affidavit filed in support of the bail application and para-2 to the supplementary affidavit and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and 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 the applicant, Annu @ Anuj @ Anurag who is involved in the aforesaid case crime number 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 subject to

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following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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Order Date :- 16.12.2020 Akbar

Annu @ Anuj @ Anurag v. State of U.P.

Case brief

What is this about?

What did the court decide?

Annu @ Anuj @ Anurag v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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