Allowed

Aman Tauseef v. State of U.P. and Another

Allahabad HC6 Jun 2022BAIL/4377/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 4377 of 2022, this court allowed bail to Aman Tauseef, convicted under Sections 307, 506, 147, and 148 IPC, holding that he was overcharged based on witness testimonies and had no prior criminal record, imposing standard bail conditions.

What did the court decide?

The applicant to be released on bail on furnishing a personal bond and two sureties in like amount.

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

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4377 of 2022

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Applicant :- Aman Tauseef Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.,Zafar Abbas

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 151 of 2019 at Police Station Galshadid, District Moradabad under Sections 307, 506, 147, 148 IPC. The applicant is in jail since 12.12.2021.

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The bail application of the applicant was rejected by learned District & Sessions Judge, Moradabad on 12.01.2022.

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Shri T.A. Khan, learned counsel holding brief of Sri Amin Khan, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. A vague and general role has been assigned to the applicant in the FIR as well as in the statement of the witnesses including the injured. The testimonies given by the injured Zunaid and Jafar Saeed (before the trial court) identify Nazim and Danish as the principal offenders who inflicted the gun shot injuries upon them respectively. The principal offender Nazim had shot the injured Jafar Saeed in the abdomen while the other accused Danish had inflicted a gun shot injury on the shoulder of the injured Jafar Saeed. In this manner the applicant has not been

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identified as the principal offender who inflicted the gun shot injury on the injured before the trial court. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.

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Shri Sunil Kumar Srivastava, learned A.G.A for the State and Sri Zafar Abbas, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicants is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Aman Tauseef 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

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the date fixed, unless personal presence is exempted.

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(iv) The applican 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 :- 6.6.2022 Pravin

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Digitally signed by PRAVIN VERMA Date: 2022.06.08 10:35:55 IST Reason: Location: High Court of Judicature at Allahabad

Aman Tauseef v. State of U.P. and Another

Case brief

What is this about?

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Aman Tauseef v. State of U.P. and Another

Case brief

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