Allowed

Aslam and Another v. State of U.P.

Allahabad HC4 Feb 2020BAIL/2738/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 2738 of 2020 before Court No. 71, the High Court of Uttar Pradesh allowed bail for accused applicants Aslam and Sadaroo convicted under Sections 419, 420, 467, 468 IPC and Sections 307/34 IPC. Relying on parity with co-accused already on bail, the court ordered release subject to furnishing bond from two sureties and compliance with standard bail conditions.

What did the court decide?

Applicants Aslam and Sadaroo released on bail upon furnishing personal bond and two reliable sureties each.

Aslam and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2738 of 2020

¶3

Applicant :- Aslam And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajendra Kumar-IV,J.

¶5

Supplementary affidavit filed on behalf of applicants is taken on record.

¶6

Heard learned counsel for the applicants, learned A.G.A. for State and perused the material available on record.

¶7

Accused-applicants, involved in Case Crime No.319 of 2019, under Sections 419, 420, 467, 468, 307/34 IPC, Police Station Turkpatti, District Kushinagar, applied for bail.

¶8

Learned counsel for the applicants submit that applicants are innocent and have been falsely implicated in the present case by the Police to show good work. They have committed no offence. Entire prosecution story is false and fake. This is a case of firing on police. Nobody is injured. Applicants are in jail since 04.11.2019 having no criminal history against them. It is further submitted that there is no possibility of the applicants fleeing away from the judicial process or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial. Lastly it is submitted that co-accused persons, namely, Sajjan Husain, Mohd. Moharsin and Maqbool have already been granted bail on 10.01.2020 and 27.01.2020 by the co-ordinate Benches of this Court in Criminal Misc. Bail Application Nos.1782 of 2020 and 3835 of 2020 respectively, therefore, the applicant be released on bail on the ground of parity also because the case of present applicant is on identical footing to the case of co-accused persons who have already been granted bail.

¶9

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

¶10

not disputed the factual submissions made by the learned counsel for the applicants.

¶11

Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicants in jail, severity of punishment in case of conviction, allegation made against the applicants, role of accused-applicants in commission of crime and without commenting upon the merit of the case, applicants deserves bail.

¶12

Accordingly, bail application is allowed.

¶13

Let applicants Aslam and Sadaroo be released on bail in the aforesaid case crime on their furnishing a personal bond and two reliable sureties each and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

¶14

The applicants shall not tamper with the evidence or threaten the witnesses.

¶15

The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

¶16

During trial, they shall not indulge in any criminal activities or case.

¶17

In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

¶18

Order Date :- 4.2.2020 I.A.Siddiqui

Aslam and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aslam and Another 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

Parties & counsel

Coram

Case details

Similar cases

Lakhan Singh Vs State of U.P.

Bhupendra Vs State of U.P.

Sumit Vishwakarma @ Rikki Vs State of U.P.

Paramveer Yadav Vs State of U.P.

Nizamuddin Vs State of U.P.

Rajesh Kumar Vs State of U.P.