Allowed

Aas Mohammad v. State of U.P.

Allahabad HC18 Aug 2022BAIL/27482/2022

Case brief

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What is this about?

Criminal Misc. Bail Application allowed. The High Court granted bail to the applicant in a case involving IPC offenses, noting the absence of specific allegations against him in victim statements and the disparate treatment of co-accused regarding bail.

What did the court decide?

Applicant to be released on bail by furnishing a personal bond and two sureties subject to conditions against tampering and influencing witnesses.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27482 of 2022

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Applicant :- Aas Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Manish Tiwari,Alka Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Ms. Alka Upadhyay, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 158 of 2022, under Sections 323, 354-B, 307, 504, 506 IPC, Police Station Iglas, District Aligarh during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged against four named accused persons, including the applicant, alleging that the informant's Bhabhi was suffering from gas problem and that he had taken her for treatment to the house of the applicant. It is alleged that three other co-accused persons present there took the informant's Bhabhi inside the room on the pretext of her treatment and all of them disrobed her and beaten her up with an iron rod.

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In the statement of the alleged victim recorded under Section 161 Cr.P.C.as well as in her statement under Section 164 Cr.P.C., she did not mention the name of the applicant.

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In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case whereas he is innocent. It has further been stated in the affidavit that the applicant has no criminal history and he is languishing in jail since 21.04.2022.

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The learned counsel for the applicant has submitted that two other co-accused persons, namely, Dhirendra and Raseed Khan have already been released on bail by means of orders dated 12.07.2022 and 30.05.2022 passed by this Court in Criminal Misc. Bail Application No. 27535 of 2022 and 21026 of 2022.

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The learned counsel for the applicant has submitted that the case set up against the applicant stands on weaker footing to that set up against the other coaccused persons, who have already been granted on bail and, therefore, the applicant is also entitled to be released on bail.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail and he has submitted that it is clear from the averments made in the F.I.R. and the statement of the alleged victim, recorded under

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Section 164 Cr.P.C. that the incident took place in the house of the applicant and he is the main culprit behind the incident.

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Having considered the aforesaid facts and submissions made on behalf of the rival parties and keeping in view the fact that no specific allegation has been levelled against the applicant in the statement of the alleged victim recorded under Sections 161 and 164 Cr.P.C. as also the fact that the applicant has no criminal antecedents and that he is languishing in jail since 21.04.2022 whereas two other co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Aas Mohammad be released on bail in Case Crime No. 158 of 2022, under Sections 323, 354-B, 307, 504, 506 IPC, Police Station Iglas, District Aligarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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 condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 18.8.2022 Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.08.23 14:15:50 IST Reason: Location: High Court of Judicature at Allahabad

Aas Mohammad v. State of U.P.

Case brief

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Aas Mohammad v. State of U.P.

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