Tahir v. State of U.P.
Case brief
What is this about?
The High Court allowed the bail application filed by the applicant in an encounter case involving an attempted murder of police personnel under Section 307 IPC.
What did the court decide?
The applicant was released on bail by furnishing a personal bond and two local sureties each of like amount with conditions.
What the court decided
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3811 of 2021
Applicant :- Tahir Opposite Party :- State of U.P. Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 594 of 2020, under Section 307 IPC, P.S. Sector 58 Noida, District Gautam Buddh Nagar .
Learned counsel for the applicant submits that it is an encounter case. He further submits that as per prosecution on 21.11.2020 at about 19.58 p.m. applicant and two other co-accused attempted to kill police personnel but no injury has been caused to them, contrary to it applicant has received injury on his leg. He also submits that applicant has no criminal history. He further submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 22.11.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in an encounter case involving an attempt to kill police personnel.
Whether the applicant can be released on bail subject to bond and sureties without tampering with evidence.
What conditions should be imposed for the bail released to the applicant.
Parties & counsel
- applicant
Tahir
Coram
Ali Zamin
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/3811/2021
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