Allowed

Azhar v. State of U.P.

Allahabad HC20 Oct 2022BAIL/31265/2022

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application filed by Azhar in a robbery case. The single-judge bench allowed bail relying on the principle that his co-accused had already been granted bail on similar facts. The applicant was ordered to furnish a personal bond and two sureties.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two reliable sureties of like amount.

Azhar 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. - 31265 of 2022

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Applicant :- Azhar Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Kuldeep Tripathi, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 229 of 2022, under Sections 395, 412 IPC, Police Station Amroha Nagar, District Amroha/J.P. Nagar.

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The aforesaid case has been registered on the basis of an allegation that three unknown persons had robbed the informant's some articles of gold and silver and mobile phone.

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It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 25.5.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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The learned counsel for the applicant has submitted that the co-accused Amir, who has been arrested alongwith applicant, has already been granted bail by means of order dated 14.10.2022 passed by this Court in Criminal Misc. Bail Application No.44610 of 2022.

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It is further submitted by the learned counsel for the applicant that the case set up against the applicant is similar to that set up against the co-accused, who has already been released on bail, therefore, the applicant is also entitled to be released on bail on the ground of parity.

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Per contra , the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the

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aforesaid aspects of the case.

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Having considered the aforesaid facts and submissions and keeping in view the fact that one of the co-accused has already been granted bail and that the case set up against the applicant is similar to that the case set up against the co-accused person, I am of the view that the applicant is also entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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9.Let the applicant - Azhar be released on bail in C Case Crime No. 229 of 2022, under Sections 395, 412 IPC, Police Station Amroha Nagar, District Amroha/J.P. Nagar on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 bail before this Court seeking cancellation of bail.

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Order Date :- 20.10.2022 Mini

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Digitally signed by MINI KANAUJIYA Date: 2022.10.21 11:03:03 IST Reason: Location: High Court of Judicature at Allahabad

Azhar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Azhar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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