Allowed

Aslam v. State of U.P.

Allahabad HC8 Sept 2021BAIL/33077/2021

Case brief

AI extract

What is this about?

Hon'ble High Court of Allahabad Court No. 79 allowed a bail application filed under Sections 41, 411, 413, 414 IPC. The court found the case fit for bail, citing parity with co-accused and relying on Dataram Singh, permitting release on bond with sureties. Conditions were laid down.

What did the court decide?

Applicant to be released on bail on furnishing a personal bond and two sureties each in the like amount subject to specified conditions.

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

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33077 of 2021

¶3

Applicant :- Aslam Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar,Firdos Ahmad Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajiv Joshi,J.

¶5

Supplementary affidavit filed today on behalf of the applicant applicant is taken on record.

¶6

Heard Sri Mahesh Kumar, learned counsel for the applicant, learned A.G.A for the State and perused the record..

¶7

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 66 of 2020, under Sections- 41, 411, 413, 414 I.P.C., P.S. Paschim Sharira, District Kaushambi, during pendency of trial.

¶8

Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. He has further submitted that according the prosecution version, on 20,3.2020, on the basis of information of an informer (Mukhbir), the applicant and another co-accused were apprehended and from their joint possession, batteries of different variety and solar panel were recovered. The applicant has not arrested at the spot and he has been shown fled away from the spot. It is further contended by learned counsel for the applicant that co-accused- Afsar and Udal having identical role to the applicant had already been enlarged on bail by the coordinate Bench of this Court vide order dated 26.6.2020 and 25.6.2020 passed in Criminal Misc. Bail Application No. 17703 of 2020 and 17395 of 2020, hence the applicant is entitled for bail on the ground of parity. The applicant is in jail since 25.6.2021 having criminal history of one case which has been explained in paragraph no. 3 to the supplementary affidavit and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

¶9

Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

¶10

Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of

¶11

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. The application is allowed.

¶12

Let the applicant, Aslam who is involved in aforesaid 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.

¶13

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

¶14

He will not tamper with the witnesses.

¶15

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

¶16

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.

¶17

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.

¶18

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

¶19

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

¶20

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

¶21

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.

¶22

Order Date :- 8.9.2021 Akbar

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?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Guddu Jatav Vs State of U.P.

Hoshiyar singh Vs State of U.P.

Vinod Yadav Vs State of U.P.

Harinarayan Vs State of U.P.

Gauri Shanker Vs State of U.P. and Another

Smt. Anjul Tyagi Vs State of U.P. and Another