Asfaq v. State of U.P.
Case brief
What is this about?
Bail ALLOWED on parity ground; applicant Asfaq in jail since 6.6.2017; case crime No. 279 of 2017, Sections 394, 411 IPC, P.S. Malpura, District Agra; parity based on co-accused Ashu released vide order dated 25.09.2018 in Criminal Misc. Bail Application No.36342 of 2020; no opinion expressed on merits; release on personal bond and two sureties in like amount; interim release on personal bond without sureties till normal court functioning restored, sureties within a month thereafter; conditions — no tampering with/intimidation of witnesses, cooperation without adjournments, no criminal activity, effectiveness deferred past any short-term bail under Supreme Court-committee orders, computer-generated order copy with website verification; breach a ground for cancellation. Bench: Siddharth, J. Decided 2.11.2020.
What did the court decide?
Release of applicant Asfaq on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) not to tamper with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (ii) to cooperate in the trial sincerely without seeking adjournment; (iii) not to indulge in any criminal activity after release; (iv) if enlarged on short term bail per the committee constituted under the orders of the Hon'ble Supreme Court, bail effective only after the short term bail period ends; (v) enlargement on execution of personal bond without sureties till normal functioning of courts is restored, with sureties to be furnished within a month after normal functioning resumes (this condition inapplicable if the court below is functioning normally); (vi) party to file computer-generated copy of the order downloaded from the official website of High Court Allahabad, to be verified in writing by the concerned Court/Authority/Official; breach of any condition to be a ground for cancellation of bail.