Allowed

Aasif v. State of U.P.

Allahabad HC19 Jul 2021BAIL/42700/2020

Case brief

AI extract

What is this about?

In this bail application, the court held that the accused applicant is entitled to bail. The court directed release on furnishing a personal bond and two sureties, subject to specific conditions regarding tampering with evidence and force majeure allowances during lockdowns.

What did the court decide?

Accused released on bail by furnishing a personal bond and two sureties each, subject to specific conduct conditions and pandemic-related exemptions.

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

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42700 of 2020

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Applicant :- Aasif Opposite Party :- State of U.P. Counsel for Applicant :- Preetam Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

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This bail application has been preferred by the accusedapplicant- Aasif , who is involved in Case Crime No. 579 of 2019, under Sections 147, 148, 149, 323, 332, 336, 188, 333, 353, 341, 307, 304, 504, 506, 153A I.P.C. & Section 7 Crl. Law Amendment Act, Police Station- Ramgarh, District-Firozabad.

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Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case; that general and vague allegations have been levelled against the applicant; that nothing incriminating has been recovered from or on the pointing out of the applicant; that the case is based on circumstantial evidence as there was a crowd of 400 to 500 people. Further submission is that in the similar set of facts coaccused Faeem @ Khava, Amir @ Akshay Khanna, Kullu @ Kallu @ Ajeem and Wasim have been granted bail bail by coordinate Bench of this Court. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 4.9.2020 and in case he is released on bail he will not misuse the liberty of bail.

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Learned A.G.A as well as learned counsel for the informant has vehemently opposed the prayer for grant of bail.

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Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.

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Let the applicant involved in the 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 with

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the following conditions:-

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The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.

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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 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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It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.

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Order Date :- 19.7.2021

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S.Verma

Aasif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aasif v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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