Allowed

Aurangjeb @ Golu v. State of U.P.

Allahabad HC16 Mar 2022BAIL/50903/2021

Case brief

AI extract

What is this about?

High Court Court No. 90 dismissed a bail application in a cheating and criminal breach of trust case. However, considering the co-accused had already been granted bail, the judge ordered the release of the applicant on bail with personal bond and sureties, without expressing an opinion on the merits of the case.

What did the court decide?

Release of the applicant on bail on personal bond and two sureties subject to specific conditions.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50903 of 2021

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Applicant :- Aurangjeb @ Golu Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The accused-applicant Aurangjeb @ Golu is involved in Case Crime No.471 of 2021, under Sections 41, 411, 413, 414, 420, 467, 468, 471 I.P.C., Police Station Kasiya, District Kushinagar.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of the applicant. Co-accused Raju Ansari @ Manullah, Dilip Kumar Chauhan and Zuber Alam, have already been granted bail by co-ordinate Benches of this Court vide order dated 09.12.2021, 15.11.2021 & 10.12.2021 passed in Criminal Misc. Bail Application Nos. 45459 of 2021, 43385 of 2021 & 45892 of 2021 respectively and as such the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. He is languishing in jail since 05.07.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.

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On the other hand, learned AGA for the State vehemently opposed the prayer of bail but could not dispute the aforesaid facts.

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Having heard the submissions of learned counsel of both sides, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant, Aurangjeb @ Golu , who is involved in aforesaid crime be released on bail on his furnishing a personal

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bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will attend and co-operate in the trial pending before the court concerned on the dates fixed after release.

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He will not tamper with the witnesses.

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He will not indulge himself in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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

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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 :- 16.3.2022 Radhika

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Digitally signed by RADHIKA VISHWAKARMA Date: 2022.03.16 18:09:43 IST Reason: Location: High Court of Judicature at Allahabad

Aurangjeb @ Golu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aurangjeb @ Golu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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