Allowed

Anuj and Another v. State of U.P.

Allahabad HC29 Sept 2022BAIL/39884/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Anuj in a criminal case under various IPC sections. The applicant, a labourer with no criminal history, argued innocent implication and bleak trial prospects. Balancing nature of offence and applicant's submissions, the court considered precedents and granted bail.

What did the court decide?

Release on bail upon furnishing personal bond and two sureties subject to specific conditions.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39884 of 2022

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Applicant :- Anuj And Another Opposite Party :- State of U.P. Counsel for Applicant :- Brahma Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,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 with a prayer to release the applicant on bail in Case Crime No.266 of 2022, registered under Sections 147, 148, 452, 354, 354-B, 323, 325, 308 I.P.C. Police Station-Jhijhana, District Shamli during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. Applicant is a labour. He further submits that no specific role has been assigned to the present applicant and general role has been assigned to all the accused persons. Nothing has been recovered from the possession of the applicant so as to implicate him with the instant matter. He further submits that applicant neither involved in any type of criminal activities nor committed the alleged crime in question. He further submits that apart from this case, the applicant does not have criminal history. Applicant is a law abiding citizen and there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 25.05.2022 and the possibility of conclusion of trial in near future is very bleak.

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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, S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let the applicant, namely, Anuj who is involved in the

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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 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 :- 29.9.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.09.30 17:07:42 IST Reason: Location: High Court of Judicature at Allahabad

Anuj and Another v. State of U.P.

Case brief

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Anuj and Another v. State of U.P.

Case brief

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