Allowed

Mohammad Asif v. State of U.P.

Allahabad HC22 Sept 2022BAIL/38228/2022

Case brief

AI extract

What is this about?

This court considered a bail application filed by Mohammad Asif in an under-trial reference for causing grievous hurt and criminal intimidation. The court allowed the bail application by furnishing a personal bond and two sureties.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties in the like amount to the satisfaction of the court below.

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

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38228 of 2022

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Applicant :- Mohammad Asif Opposite Party :- State of U.P. Counsel for Applicant :- Siddharth Bagga,Dinesh Kumar Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Azhar Husain Idrisi,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.404 of 2022, under Sections 307, 323, 324, 504 I.P.C., Police Station Lisari Gate, District Meerut.

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Learned counsel for the applicant submits that role of applicant has been assigned catching hold to the injured. He further submits that main role of causing injury has been assigned to the co-accused Azhar. He submits that as per statement of the informant 161 Cr.P.C., in which also specified, one injury caused by the co-accused Azhar on which supported in medical report also. He further submits that nothing incriminating articles has been recovered from the possession of the applicant nor on his pointing out by the investigating officer and has been falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 02.08.2022.

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Learned AGA for the State opposed the bail application but

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could not dispute the aforesaid submissions as argued on behalf of the applicant.

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Considering the facts and circumstances of the case and without expressing any opinion on merits of the case, the bail application is allowed.

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Let the applicant- Mohammad Asif be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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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 bail cancellation application before this Court.

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Order Date :- 22.9.2022 Israr

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Digitally signed by ISRAR AHMAD Date: 2022.09.26 10:48:23 IST Reason: Location: High Court of Judicature at Allahabad

Mohammad Asif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohammad Asif v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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