Allowed

Akbar @ Laddadh v. State of U.P.

Allahabad HC11 Jan 2022BAIL/39627/2020

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by Akbar @ Laddadh accused under Sections 147, 148, 149, 307 IPC. The court held that a case for bail is made out due to the applicant not being initially named in the FIR and likelihood of gravity not demanding denial.

What did the court decide?

The applicant is released on bail on executing a personal bond and two sureties in an amount to the satisfaction of the Court.

Akbar @ Laddadh Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39627 of 2020

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Applicant :- Akbar @ Laddadh Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by applicant, Akbar @ Laddadh, in Case Crime No. 1590 of 2018, under Sections 147, 148, 149, 307 IPC, Police Station-Kotwali Dehat, DistrictBulandshahar.

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Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 06.08.2020; he is of criminal antecedent, which has been duly explained in the affidavit and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. This report was got lodged against 5-6 unknown miscreants; applicant was not named in it; in a subsequent case of police firing with no injury, accused persons were apprehended and they took the name of applicant, on that basis this implication was made; co-accused Tausiq and another in Crl. Misc Bail Application no. 4196 of 2019 and Abrar in Crl. Misc. Bail Application no. 23881 of 2019, have been granted bail in this case crime number, by the co-ordinate Bench of this Court. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed, but could not oppose this fact that the applicant was neither named in the FIR nor was apprehended on the spot; his name was there in the confessional statement of co-accused; co-accused have been granted bail, as above.

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Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant, Akbar @ Laddadh , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad

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The computer generated copy of such order shall be self attested by the by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 11.1.2022 Dhirendra/

Akbar @ Laddadh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Akbar @ Laddadh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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