Allowed

Anash v. State of U.P.

Allahabad HC21 Dec 2022BAIL/39135/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the accused accused of offences under Sections 354(B), 323, and 364 IPC. The court held that the applicant has made out a case for bail and directed his release upon furnishing a bond and two sureties subject to specific conditions.

What did the court decide?

Release on bail with personal bond and two sureties each in the like amount subject to specified conditions.

Anash 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. - 39135 of 2022

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Applicant :- Anash Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.576 of 2022, under Sections 354 (B), 323, 364 I.P.C., P.S. Sikandrabad, District Bulandshahr, during pendency of the trial.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. The applicant and victim are friends and as per ossification test report and school certificate, the victim is aged about twenty years. It has been further argued that statements of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. are contrary to the version of F.I.R. There is no allegation of physical assault against the applicant. The medical report is also not supporting the version of F.I.R. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 25.06.2022 and in case he is enlarged 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 , passed in 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, Anash, 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 satisfaction of the

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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 :- 21.12.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.12.21 18:33:38 IST Reason: Location: High Court of Judicature at Allahabad

Anash v. State of U.P.

Case brief

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Anash v. State of U.P.

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