Allowed

Aman and 2 Others v. State of U.P.

Allahabad HC25 Nov 2022BAIL/37397/2022

Case brief

AI extract

What is this about?

The court allowed a bail application filed by three accused persons in a case involving Sections 147, 148, 149 and 307 IPC. Bail was granted on the grounds of parity with co-accused, nature of the incident, and absence of flight risk, subject to standard conditions.

What did the court decide?

Relinquishment of applicant Aman, Arshad and Ibrar on personals bond and two sureties each with standard conditions.

Aman and 2 Others Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37397 of 2022

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Applicant :- Aman And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Gyan Chandra Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P. and perused the record.

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The present bail application has been filed by the applicants seeking bail in Case Crime No. 473 of 2022, under Sections 147, 148, 149, 307 IPC, Police Station- Kankarkhera, District - Meerut.

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Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. It is further submitted that it is a no injury case; there is no independent witness of the alleged incident; the applicants are students; nothing was recovered from the possession of the applicants or their pointing out and they have not committed any offence as alleged. It is further submitted that co-accused persons namely, Ram Prakash @ Lala and Jagat Singh have already been enlarged on bail by coordinate Benches of this Court vide orders dated 12.10.2022 and 11.10.2022 passed in Criminal Misc. Bail Application Nos. 44911 of 2022 and 44873 of 2022. Accordingly, the applicants are also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, the applicants may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicants are in jail since06.07.2022 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail.

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Considering the facts and circumstances of the case, nature of

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the offence, evidence, complicity of the accused, severity of punishment,perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. . The bail application is allowed.

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Let the applicant- Aman, Arshad and Ibrar involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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

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

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The applicants 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. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 25.11.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.11.29 14:27:20 IST Reason: Location: High Court of Judicature at Allahabad

Aman and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aman and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

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