Allowed

Asgar v. State of U.P.

Allahabad HC16 Feb 2022BAIL/4824/2022

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant in a case involving rioting and murder. The court noted jail overcrowding during the pandemic and observed that the state could not satisfactorily dispute the applicant's claim of false implication and lack of conspiracy.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties subject to conditions preventing tampering with evidence or witnesses.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4824 of 2022

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Applicant :- Asgar Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Farooque Ansari Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Mohd. Farooq Ansari, learned counsel for the applicant, and learned AGA for the State.

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A first information report was lodged against the applicant as Case Crime No. 416 of 2018 (Sessions Trial No. 357 of 2019) at Police Station Atrauli District Aligarh under Sections 147, 148, 302, 201, 120B and 34 I.P.C.

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The bail application of the applicant was rejected by learned Sessions Judge, Aligarh on 16.11.2021.

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The applicant is in jail since 10.12.2018 pursuant to the said F.I.R.

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Shri Mohd. Farooq Ansari, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been in jail since the year 2016 in Case Crime No. 358 of 2015 under Section 394 and 302 I.P.C. at Police Station Kasganj and District Kasganj. The applicant was not nominated as an offender in the F.I.R. The applicant was named in the statement of one co-accused Sabir who was arrested in another case by the police

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authorities. There was no possibility of the applicant of committing crime. Further the existence of a conspiracy is ruled out, inasmuch as, the applicant had never met the principal offenders. The applicant has been in prison for past five years. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same have no bearing on the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Shri Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as explained in the bail application.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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

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It is clarified that the applicant is enlarged on bail in this particular case only (This order has no bearing on other criminal cases against the applicant).

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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- Asgar be released on bail in Case Crime No. 416 of 2018 (Sessions Trial No. 357 of 2019) at Police Station Atrauli District Aligarh under Sections 147, 148, 302, 201, 120B and 34 I.P.C., 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

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application before this Court.

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Order Date :- 16.2.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.02.17 17:25:32 IST Reason: Location: High Court of Judicature at Allahabad

Asgar v. State of U.P.

Case brief

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Asgar v. State of U.P.

Case brief

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