Allowed

Ashraf v. State of U.P.and Another

Allahabad HC8 Feb 2022ABAIL/759/2022

Case brief

AI extract

What is this about?

This court allowed an anticipatory bail application under Section 438 Cr.P.C. In a case involving petty village rivalry, the applicant alleged false implication. Finding the injuries simple and uncorroborated, the court held the applicant entitled to bail while considering jail overcrowding due to the pandemic.

What did the court decide?

The applicant is granted anticipatory bail in Case Crime No.62 of 2019 by personal bond with two sureties subject to specific conditions regarding court attendance and non-interference.

Ashraf Vs State of U.P.and Another — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 759 of 2022

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Applicant :- Ashraf Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ravindra Kumar Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Yashpal Yadav, learned counsel assisted by Shri Ravindra Kumar Yadav, learned counsel for the applicant and learned AGA for the State.

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Shri Yashpal Yadav, learned counsel assisted by Shri Ravindra Kumar Yadav, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The instant criminal proceedings arise out of a petty village rivalry. A general and a vague allegation has been made against 18 accused persons including the applicant in the F.I.R. The applicant has been attributed the role of inflicting injuries by a sharp edge weapon. There is no sharp edge weapon injury on any part of the body of the injured. The injuries are simple in nature and do not corroborate the prosecution case set out in the F.I.R. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings.

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The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Shri Paritosh Kumar Malviya, learned AGA could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on anticipatory bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the anticipatory bail application is allowed.

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The applicant- Ashraf is granted anticipatory bail in Case Crime No.62 of 2019, under Sections 147, 148, 149, 307 323, 336, 452, 504, 506, 427 I.P.C., Police Station Raunapur District Azamgarh, till the submission of the chargesheet on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) the applicant shall attend the court proceedings as and when required;

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence.

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(iii) the applicant shall not leave India without the previous permission of the court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of anticipatory bail before this Court.

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In case any false facts have been stated on behalf of the applicant or material facts have been suppressed, the State or any concerned party may file an application for recall of this order.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. who shall ensure the compliance of present order.

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Order Date :- 8.2.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.02.09 11:05:29 IST Reason: Location: High Court of Judicature at Allahabad

Ashraf v. State of U.P.and Another

Case brief

What is this about?

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Ashraf v. State of U.P.and Another

Case brief

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