Allowed

Aftab Alam v. State of U.P.

Allahabad HC3 Feb 2023BAIL/1141/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under the Arms Act. The Court held that without recovery of arms, lack of independent witnesses, and no evidence connecting the applicant to the offence, bail must be granted despite the applicant's prior arrests.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties on conditions of not tampering with evidence and appearing before the trial court.

Aftab Alam Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1141 of 2023

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Applicant :- Aftab Alam Opposite Party :- State of U.P. Counsel for Applicant :- Sheikh Obaidullah,Jeetendra Kesharwani Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the bail application, the applicant has prayed to be enlarged on bail in Case Crime No.236 of 2022 at Police Station-Bilariyaganj, District-Azamgarh under Sections 3, 5, 7, 25, 25(1) (ka), 25(4), 25(5), 26(1), 26(2), 35 of the Arms Act. The applicant is in jail since 27.10.2022.

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The bail application of the applicant was rejected by the learned trial court on 21.12.2022.

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The following arguments made by Shri Sheikh Obaidullah, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned A.G.A.-I for the State from the record, entitle the applicant for grant of bail:

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(1). No recovery of arms have been made from the applicant.

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(2). The applicant was nominated in this case after he was arrested in another criminal case and was most vulnerable to be framed by the police

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authorities.

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(3). There is no independent witness to the recovery.

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(4). Prosecution evidence does not connect the applicant with the offence.

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(5). The applicant has explained his criminal history. It is also contended that the applicant belongs to poor economic strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in the said cases only to burnish the credentials of the police authorities. The said cases do not have any bearing on the instant bail application. The applicant has never misused the liberty of the bail granted in the said cases.

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(6). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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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-Aftab Alam be released on bail in

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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 or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 3.2.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Aftab Alam v. State of U.P.

Case brief

What is this about?

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Aftab Alam v. State of U.P.

Case brief

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