Allowed

Aashu @ Asif v. State of U.P.

Allahabad HC20 Sept 2021BAIL/16803/2021

Case brief

AI extract

What is this about?

The High Court of Allahabad granted bail to the applicant charged with Sections 363, 366, and 420 of the IPC. The court relied on the dictum of Dataram Singh v. State of U.P., noting the applicant's lack of criminal history and no evidence of fleeing or tampering.

What did the court decide?

Released on bail with personal bond and two sureties, subject to verification and specified conditions for attendance and non-interference.

Aashu @ Asif Vs State of U.P. — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16803 of 2021

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Applicant :- Aashu @ Asif Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Shukla,Shamshuddin Khan Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Shamshuddin Khan, learned counsel for the applicant, learned A.G.A. and perused the record.

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By means of this application, the applicant, who is involved in Case Crime No. 37 of 2021 under Sections 363, 366, 420 I.P.C., P.S. Raya, District Mathura, is seeking enlargement on bail.

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It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. As per the FIR, the applicant has enticed away the daughter of the informant who is aged about 16 years. It is next submitted that the victim in her statements recorded under sections 161 and 164 of Cr.P.C., has specifically stated that she has gone to Vrindhavan on her own will and nothing wrong has been committed by the applicant. It is further submitted that as per the report of CMO, Amroha, the age of the victim is about 18 years. Applicant is of no criminal history as stated in paragraph no. 15 to the affidavit filed in support of the bail application. Applicant is languishing in jail since 10.2.2021. There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.

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Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.

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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 the applicant, Aashu @ Asif who is involved in aforesaid

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

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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 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 :- 20.9.2021 Sweety

Aashu @ Asif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aashu @ Asif v. State of U.P.

Case brief

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