Allowed

javed v. State of U.P.

Allahabad HC29 Aug 2022BAIL/2332/2018

Case brief

AI extract

What is this about?

The High Court of Allahabad allowed a bail application filed by Javed, who was charged with riot, murder, and attempted murder. The Single Judge granted bail on the view that the applicant has made out a case for release, allowing him to be on bail subject to standard conditions.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties each in the like amount.

javed Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2332 of 2018

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Applicant :- Javed Opposite Party :- State of U.P. Counsel for Applicant :- Mr Rama Shankar Mishra,Krishna Dev Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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Learned counsel for the applicant has submitted that he is innocent and has falsely been implicated by the police in encounter with other co-accused persons namely Furkhan, Aurangjeb and Total alias Gulpham and 2-3 other persons. Allegedly, this applicant and the other co-accused persons have fired on the police personnel in which S.I. Akhtar sustained injury. Further submitted that no specific role of firing has been assigned to this applicant. The other co-accused person namely Furkan and Aurangjeb have already been granted bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No.9619 of 2017 dated 12.7.2017 and in Crl. Misc. Bail Application No.41534 of 2017 dated 30.10.2017. The role of this applicant stands on similar footing to that of coaccused. The criminal history against this applicant has been explained. He is languishing in jail since 14.5.2016 having no any criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail.

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Keeping in view the nature of the offence, complicity of the accused and the aforesaid co-accused have already been granted bail by co-ordinate Bench of this Court and the role of this applicant stands on similar footing to that of co-accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Javed, involved in Case Crime No.227 of 2016, under Sections 147, 148, 149, 307, 302 I.P.C and 7 criminal Law Amendment Act, P.S. Dadari, District Gautam Budh Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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 pressurize/ intimidate the prosecution 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 commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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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 or 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 :- 29.8.2022 G.S

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Digitally signed by GHAN SHYAM Date: 2022.09.01 13:02:03 IST Reason: Location: High Court of Judicature at Allahabad

javed v. State of U.P.

Case brief

What is this about?

What did the court decide?

javed v. State of U.P.

Case brief

What is this about?

What did the court decide?

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