Allowed

Akil Ahmad v. State of U.P.

Allahabad HC12 Dec 2022BAIL/48272/2022

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application of Akil Ahmad, an accused in a case charges with murder and false accusation under IPC sections 304 and 506. Despite the severity of the offence, the court found the applicant had made out a prima facie case for bail subject to rigorous conditions to ensure his presence in court.

What did the court decide?

Bail granted on furnishing personal bonds and two local sureties subject to conditions of non-adjudication adjournments and presence in court.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48272 of 2022

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Applicant :- Akil Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Ashfaq Ahmed Ansari,Shahid Ali Siddiqui Counsel for Opposite Party :- G.A.,Shahid Ali Siddiqui

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Hon'ble Mrs. Manju Rani Chauhan,J.

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The case is taken up in the revised call.

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Heard Mr. Ashfaq Ahmed Ansari, learned counsel for the applicant, Mr. K.P. Pathak, learned A.G.A. for the State and perused the record of the present bail application. None appears on behalf of informant even in the revised call.

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The present bail application has been filed by the applicant Akil Ahmad with a prayer to enlarge him on bail in Case Crime No. 197 of 2022, under sections 323, 506, 304 I.P.C., Police Station Utraon, District- Prayagraj during pendency of trial.

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As per prosecution case, an FIR has been lodged against two named accused including the applicant, the incident is said to have taken place on 03.08.2022 at about 05:30 hours which has resulted in death of the deceased, sister of the informant.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. There is nothing on record to show as to who has caused the injury to the injured which has resulted the death of the deceased. From the version of FIR as well as statements of witnesses nobody has been assigned specific role of causing head injury to the deceased which resulted in death of deceased. It is next argued that there is no prospect of trial being concluded in near future due to heavy dockets. It is next submitted that the applicant is languishing in jail since 21.09.2022 and have criminal history of petty offences which has been properly explained in para 3 to the supplementary affidavit. There is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Accordingly, he requests for bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for

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the applicant.

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Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, 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 involved in aforesaid case crime be released on bail on his furnishing personal bonds and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 12.12.2022 Arti

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Digitally signed by ARTI SHARMA Date: 2022.12.19 11:28:37 IST Reason: Location: High Court of Judicature at Allahabad

Akil Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Akil Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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