Allowed

Jhabbu Alias Prahlad v. State of U.P.

Allahabad HC16 Sept 2022BAIL/27366/2022

Case brief

AI extract

What is this about?

A bail application was filed by Jhabbu Alias Prahlad in a criminal case involving affray and assault. The high court, having heard submissions, found the applicant had made out a prima facie case for bail. The application was allowed subject to conditions.

What did the court decide?

Release on bail on personal bond and two sureties, subject to conditions not to tamper with evidence, cooperate in trial, and refrain from further crime.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27366 of 2022

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Applicant :- Jhabbu Alias Prahlad Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Singh,M.P.S. Chauhan Counsel for Opposite Party :- G.A.,Rajesh Sharma,Rajesh Sherma

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Hon'ble Deepak Verma,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 informant is not present.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 110 of 2022, registered under Sections 147, 148, 323, 504, 506, 325, 308 IPC, Police Station Iglas, District Aligarh during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further stated that there are cross case lodged by both party and both parties are received injuries. At this stage, it cannot be said that who was aggressor. It is next submitted that there is no specific role has been assigned to the applicant and general role have been assigned to all the accused persons. The applicant is languishing in jail since 28.4.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , 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, Jhabbu alias Prahlad who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the

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satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 16.9.2022 Mini

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Digitally signed by MINI KANAUJIYA Date: 2022.09.17 14:22:24 IST Reason: Location: High Court of Judicature at Allahabad

Jhabbu Alias Prahlad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jhabbu Alias Prahlad v. State of U.P.

Case brief

What is this about?

What did the court decide?

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