Allowed

Athar Husain @ Mohd. Athar v. State of U.P.

Allahabad HC16 Jul 2021BAIL/8869/2021

Case brief

AI extract

What is this about?

In this criminal bail application, the Court found it to be a case of bail considering the prima facie satisfaction of the charge, the reformative theory of punishment, and Article 21. The applicant was granted bail subject to specific conditions.

What did the court decide?

Accused released on bail by furnishing a personal bond and two sureties in the like amount to the satisfaction of the concerned magistrate/court.

Athar Husain @ Mohd. Athar 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. - 8869 of 2021

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Applicant :- Athar Husain @ Mohd. Athar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Singh,Mohammed Iftekhar Counsel for Opposite Party :- G.A.,Pankaj Misra

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Pankaj Mishra, learned counsel for the complainant and Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that co-accused namely Mohd. Faiz @ Faizulrahman @ Faizur Rahman has already been granted bail by another Bench of this Court vide order dated 9.2.2021 passed in Criminal Misc. Bail Application No.8217 of 2021, a copy of said order has been produced by learned counsel for the applicant which is taken on record and the case of the applicant stands on identical footings. It is further submitted that only the role of exhortation has been levelled against the applicant. 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 has 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. It has also been submitted that the applicant is languishing in jail since 3.11.2020. It has been pointed out that the applicant has criminal history, which has been duly explained in paragraph no.69 of the affidavit accompanying this bail application.

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Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the prayer.

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

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Let applicant- Athar Husain @ Mohd. Athar , be released on bail in Case Crime No.449 of 2019, under Sections- 147, 148, 149, 323, 504, 325, 427, 307, 326, 34 I.P.C., Police Station- Nawabganj, District- Allahabad (Now Prayagraj), on furnishing a personal bond and two sureties each in the like amount to the satisfaction of

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magistrate/court concerned, subject to 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.

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In case of breach of 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 Dev/-

Athar Husain @ Mohd. Athar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Athar Husain @ Mohd. Athar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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