Allowed

Amir v. State of U.P.

Allahabad HC2 Feb 2022BAIL/1406/2022

Case brief

AI extract

What is this about?

The Single Judge allowed a bail application in a case involving theft and criminal breach of trust. The court found no prima facie case arresting the applicant under Article 21 and Article 22 of the Constitution of India, and thus granted bail subject to personal bond and two sureties.

What did the court decide?

Applicant released on bail subject to furnishing personal bond and two sureties to satisfaction of court.

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

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1406 of 2022

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Applicant :- Amir Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.

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The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.504 of 2021, under Sections 379, 411 I.P.C., Police Station Khurja Dehat, District Bulandshahr.

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Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the present case and that the maximum sentence in the matter is only three years. It is also stated that trial is not likely to be concluded shortly on account of Covid-19 pandemic and that the applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail. The applicant is in jail since 10.09.2021.

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Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.

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Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.

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Let the applicant Amir be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Accordingly, the instant bail application is allowed.

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Order Date :- 2.2.2022 Ashok Kr.

Amir v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amir v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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