Aquib v. State of U.P.
Case brief
What is this about?
Allowed the second bail application of the applicant Aquib. The bench found no convincing material to indicate a possibility of tampering with evidence and granted bail subject to strict conditions.
What did the court decide?
The applicant Aquib was released on bail subject to a personal bond and two sureties with conditions to prevent tampering with evidence and ensure attendance.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11029 of 2022
Applicant :- Aquib Opposite Party :- State of U.P. Counsel for Applicant :- Girish Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Girish Singh, learned counsel for the applicant, Sri B. B. Upadhyay, learned AGA for the State and perused the material on record.
This is the second bail application under Section 439 of Code of Criminal Procedure filed by the applicant Aquib, seeking enlargement on bail during trial in connection with Case Crime No. 348 of 2017, under Sections 286, 304, 308, 427 I.P.C. and 3/4/5 The Explosive Substances Act, registered at P.S. Maharajpur, District Kanpur Nagar.
The first bail application of the applicant was rejected by this Court vide order dated 20.12.2021 passed in Criminal Misc. Bail Application No. 32087 of 2021.
Learned counsel for the applicant argued while placing para-12 of the affidavit in support of bail application that the applicant has criminal history of three cases being (i) Case Crime No. 330 of 2017, u/s 379 I.P.C., P.S.- Mahrajpur, District Kanpur Nagar in which he has been granted bail by the court below vide order dated 6.1.2022, (ii) Case Crime No. 397 of 2017, u/s 174A I.P.C., P.S. Mahrajpur, District Kanpur Nagar, in which he has been granted bail by the court below vide order dated 10.1.2022 and (iii) Case Crime No. 398 of 2019, u/s 174A I.P.C., P.S.Mahrajpur, District Kanpur Nagar. Copies of the bail orders have been anenxed as annexure no. 6 to the affidavit in support of bail application. It is argued that third case is a case which has been lodged as the applicant was absconding. It is argued that co-accused Yashmeen @ Chanda, Asif @Shariqe, Mohd. Riyaz, Kallu have been granted bail by the court below, copies of the said bail orders have been annexed at page- 82 to 85 of the paper book. It is argued that co-accused of this case namely Meraj has been granted bail by a co-ordinate Bench of this Court vide order dated 22.2.2022 passed in Criminal Misc. Bail Application No. 38012 of 2020. Copy of the said order has been annexed as annexure no. 7 to the affidavit. Further co-accused Amir, Arif, Shakil Ahmad @ Hero, Ayaz, Ashif@ Mohd. Sharif,
Issues for consideration
2 issues framed by the court
Whether the applicant should be enlarged on bail despite a previous rejection in his second bail application.
Whether allegations of tampering with evidence are sufficiently supported to refuse bail.
Parties & counsel
- appellant
Aquib
- respondent
State of U.P.
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/11029/2022
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