Allowed

Abusad v. State of U.P.

Allahabad HC16 Jul 2021BAIL/22740/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad granted bail to Abusad accused of offences under Sections 380, 457, and 411 IPC. The court held it to be a case of bail after hearing submissions and considering the nature of accusation and evidence.

What did the court decide?

The applicant was released on bail on executing a personal bond and two sureties of Rupees One Lakh each, subject to conditions including appearance at trial and non-tampering with witnesses.

Abusad 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. - 22740 of 2021

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Applicant :- Abusad Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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

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The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. He is innocent and has no criminal antecedent. It is further submitted that there are general allegations and nothing was recovered from the applicant's possession. It is also submitted that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 14.4.2021. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.

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Learned counsel appearing for the opposite party vehemently opposed the prayer.

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Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Abusad involved in Case Crime No. 113 of 2021, under Sections 380, 457, 411 IPC, Police Station

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Kotwali, District Azamgarh be released on bail, on his executing a personal bond and two sureties of Rupees One Lakh each (one should be of a family member), with the 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 confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. The trial court shall take endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of production of a copy of this order.

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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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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 :- 16.7.2021 Digamber

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Digitally signed by Justice Vivek Kumar Singh Date: 2021.07.19 15:51:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Abusad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abusad v. State of U.P.

Case brief

What is this about?

What did the court decide?

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