Allowed

Aslam v. State of U.P.

Allahabad HC20 Jul 2021BAIL/14305/2021

Case brief

AI extract

What is this about?

This order grants bail to Aslam in Criminal Misc. Bail Application No. 14305 of 2021 for offenses under Sections 420, 468, 471, 269, and 272 IPC, relying on parity with a co-accused and dicta from Dataram Singh, subject to specific conditions.

What did the court decide?

Granted release on bail on furnishing personal bond and two sureties each, subject to specified conditions including attendance and non-tampering.

Aslam Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14305 of 2021

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Applicant :- Aslam Opposite Party :- State of U.P. Counsel for Applicant :- Zafar Abbas,Deepak Rana,Shashi Kant Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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This is the second bail application on behalf of applicant. The first bail application on behalf of applicant has been rejected by this Bench vide order dated 04.01.2021.

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Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the coaccused Tosif having similar role has been granted bail by this Court vide order dated 18.02.2021 in Criminal Misc. Bail Application No. 42270 of 2020, a copy of said order has been annexed as Annexure No. 2 to the affidavit filed in support of bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 16.10.2020.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Aslam , be released on bail in Case Crime No. 691 of 2020, under Sections- 420, 468, 471, 269, 272 IPC, Police Station- Hapur Nagar, District- Hapur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly

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

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 20.7.2021 Arti

Aslam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aslam v. State of U.P.

Case brief

What is this about?

What did the court decide?

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