Majid v. State of U.P.
Case brief
What is this about?
High Court allowed anticipatory bail application for Majid in a case involving sections 147, 148, 149, 307, 323, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, permitting release on bail upon arrest if conditions are met.
What did the court decide?
Bail allowed upon furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to specific conditions.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 570 of 2022
Applicant :- Majid Opposite Party :- State of U.P. Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application has been moved seeking anticipatory bail in Case Crime no. 481 of 2021, under Sections 147, 148, 149, 307, 323, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Garhmukteshwar, District Hapur (Panchsheel Nagar) with the prayer that in the event of arrest, applicant may be released on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. According to prosecution version, on 31.08.2021 police have reached at Shiv Tourist Dhaba and found that two groups were fighting and they were firing against each other and in one of the group applicant was also involved. Learned counsel submitted that as per prosecution version, two persons have sustained injuries but they have not lodged any case and even their injury reports are not brought on record by the Investigating Officer. The involvement of applicant has been shown on the basis of information from some public persons but their details have not been clarified. No specific role has been attributed to the applicant. Further, co-accused Salman Tyagi and Shahrukh have
Issues for consideration
2 issues framed by the court
Whether a prima facie case for anticipatory bail is made out given the lack of specific role attributed to the applicant and absence of credible evidence against him.
What conditions precedent the granting of the anticipatory bail with a personal bond and sureties.
Parties & counsel
- applicant
Majid
- respondent
State of U.P.
Coram
Raj Beer Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- ABAIL/570/2022
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