Hon'ble Krishan Pahal, J. allowed the anticipatory bail application of Ajaj Ahamad in a case involving dowry demand, cruelty, and culpable homicide. The court observed the applicant's alibi and lack of criminal antecedents.
Anticipatory bail granted on a personal bond with two sureties subject to six conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:132920
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5055 of 2023
Applicant :- Ajaj Ahamad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vibhav Prakash Tripathi,Surbhit Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
3 have been examined in it and they have not supported the prosecution story. They have completely resiled from their earlier statement given to the I.O. and the allegations of the FIR. The witnesses have been cross-examined by the public prosecutor after declaring them hostile. There is no possibility of conviction in the present case under the circumstances. It is next stated that the applicant has a strong alibi. In addition to it, despite the passage of six years to the incident, no final report (charge sheet) has been submitted with respect to the applicant.
i. that the applicant shall make himself available for interrogation by a police officer as and when required;
ii. that the applicant shall not, directly or indirectly make any 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 or to any police officer or tamper with the evidence;
iii. that the applicant shall not leave India without previous permission of the
court;
iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(Justice Krishan Pahal)
Order Date :- 6.7.2023 Shalini
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be granted anticipatory bail.
Whether the allegations against the applicant are baseless and he has no role in the impugned offence.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Applied¶13
Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 · Who else cites this
1 provisions across 1 enactments
Ajaj Ahamad
State Of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
