Allowed

Asif v. State of U.P.

Allahabad HC19 Jul 2021BAIL/583/2021

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant Asif in a criminal case involving looting of an ATM machine. The court imposed conditions regarding appearance, no tampering with evidence, and cooperation with the trial, releasing him on a personal bond and two sureties.

What did the court decide?

Bail granted on personal bond and two local sureties subject to specified conditions regarding appearance, cooperation with trial, and no tampering with evidence or witnesses.

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

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 583 of 2021 Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad,Mohd Faiz Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.1027 of 2020, under Section 392, 411 and 427 IPC, P.S. Civil Lines, District Moradabad.

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Learned counsel for the applicant submits that four unknown miscreants by cutting ATM machine looted Rs. 16,74,300/-. He further submits that applicant is not named in the FIR. He also submits that next day of the incident Ishrat, Rafsan, Raheesh and Shahrukh @ Sameer were arrested by the police and recovery of Rs.3.00 lakhs was made from them. Thereafter in a police encounter case applicant and three others were arrested by the police. He further submits that on the basis of confessional statement of the co-accused he has been falsely implicated in this case by showing false recovery of Rs. 9,50,000/-. He also submits that applicant has no previous 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 20.07.2021 .

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that applicant and 3 accused were arrested by the police on 20.07.2020 and on the pointing out of accused persons looted Rs. 9.50 lakhas were recovered from the applicant and applicant has criminal history of three cases.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, on joint pointing of recovery by the co-accused, and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Asif involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case

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of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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Order Date :- 19.7.2021 MAA/-

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Digitally signed by Justice Ali Zamin Date: 2021.07.20 19:16:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Asif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asif v. State of U.P.

Case brief

What is this about?

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