This is a habeas corpus writ petition filed by Arif Husain seeking the release of the petitioner. The State counsel submitted the petitioner had criminal history and was on bail while awaiting trial. The petition was dismissed on these grounds.
Writ petition dismissed; petitioner not released.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 46
Case :- HABEAS CORPUS WRIT PETITION No. - 494 of 2021
Petitioner :- Arif Husain Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Zafeer Ahmad Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following relief :
"i. Issue a writ, order or direction in nature of Hapeas Corpus direction/commanding the respondent nos. 2 to 5 to produce the Corpus of the petitioner (Arif Husain) before this Hon'ble Court forthwith."
On 11.08.2021, this Court passed a detailed order. Pursuant to the order dated 11.08.2021, the learned A.G.A. has received instructions from the respondent nos. 2 & 3.
Learned A.G.A. states on instruction that the petitioner was arrested on 13.07.21. He has a criminal history. He and his gang member are involved in vehicle lifting/theft.
On 14.07.21, the corpus - petitioner was produced by the NOIDA police in the court of concerned Magistrate and he was sent to jail. On 09.08.2021, the corpus - petitioner has been granted bail by the session court.
In view of the statement made by Sri Roopak Chaubey, learned A.G.A., there is no merit in the writ petition. Consequently, the writ petition is dismissed .
Order Date :- 13.8.2021/vkg
1 issue framed by the court
Whether the writ petition for a writ of habeas corpus should be allowed to release the petitioner.
Arif Husain
State Of U.P.
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
