Allowed

Anam v. State of U.P.

Allahabad HC17 May 2022BAIL/10941/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 10941 of 2022, the High Court rejected bail opposition by the State and AGA and ordered the applicant Anam's release on bail with personal bond and sureties, subject to standard conditions not to tamper with evidence or witnesses.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions not to tamper with evidence or influence witnesses.

Anam Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10941 of 2022

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Applicant :- Anam Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.,Amit Mishra

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Hon'ble Chandra Kumar Rai,J.

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Heard Mr. Amit Kumar Srivastava, learned counsel for the applicant, Mr. Amit Mishra, learned counsel for the first informant, Mr. Jay Prakash, learned A.G.A. and perused the record.

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The instant bail application has been filed on behalf of the applicant-Anam with a prayer to release him on bail in Case Crime No.284 of 2021 under Sections 147, 148, 149, 307, 506 IPC, Police Station-Qila, District-Bareilly, during pendency of trial.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was assigned general role of causing injury to the injured and injury report of the injured reveals that all the injuries are simple in nature. The main accused is Anjum, who has been assigned the role of causing firearm injury to the deceased and role of the applicant is distinguishable from the co-accused Anjum. It is further submitted that no incriminating article has been recovered either from the possession or from the pointing out of the applicant. It is next submitted that medical report does not corroborate the prosecution version and there are material contradiction between the statement of witnesses. The applicant has no criminal antecedent and he is languishing in jail since 04.10.2021.

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Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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On the other hand learned counsel for the informant and learned A.G.A. opposed the prayer for bail and submitted that the role of the applicant is also a material in catching hold the deceased as well as in causing injury to the injured, as such he is not entitled to be released on bail.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and learned A.G.A., and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

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Let the applicant-Anam involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not directly or indirectly make any inducement, threat or promise 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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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 17.5.2022 PS

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Digitally signed by PRITI SHARMA Date: 2022.05.17 13:43:54 IST Reason: Location: High Court of Judicature at Allahabad

Anam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anam v. State of U.P.

Case brief

What is this about?

What did the court decide?

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