Allowed

Arsad Ali v. State of U.P.

Allahabad HC21 Mar 2023BAIL/12582/2023

Case brief

AI extract

What is this about?

In an anticipatory nature bail application, the High Court of Judicature at Allahabad, bench with Hon'ble Vinod Diwakar, J., allowed the bail of Arsad Ali in a criminal case involving assault and attempt to murder, considering his lack of prior record and cooperation with investigation.

What did the court decide?

Applicant Arsad Ali released on bail with a personal bond and two sureties each.

Arsad Ali Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

¶1

Court No. - 81

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12582 of 2023

¶3

Applicant :- Arsad Ali Opposite Party :- State of U.P. Counsel for Applicant :- Adil Khan Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vinod Diwakar,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. on behalf of State and perused the record.

¶6

The instant bail application has been filed on behalf of the applicant Arsad Ali, with a prayer to release him on bail in Case Crime No. 72 of 2023, under Sections 452, 323, 307, 504, 506 I.P.C., Police Station Didoli, District Amroha, during pendency of trial.

¶7

The case of the prosecution is that on 7th February, 2023 at around 3:30 p.m. the accused barged into the house of the complainant and started beating mother and father of the complainant, pursuant to which the mother of the complainant has received injuries over her head.

¶8

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He submits that there are four accused in the present case and out of them, the applicant and one Arman were arrested on 8th February, 2023 whereas two other accused are absconding. The applicant has cooperated with the investigation and undertakes to cooperate with the police as and when so required. He further submits that the applicant is not required for custodial interrogation, any more, at this stage. There is no previous criminal history of accused applicant and he is languishing in jail since 8th February, 2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶9

Per contra, learned A.G.A. submits that the investigation is at

¶10

initial stage and as the mother of the complainant has received injuries over her head, the applicant does not deserve bail at this stage.

¶11

Having heard the learned counsel for the parties, after perusal of record and seeing the nature of the injuries, period undergone in jail and the fact that there is no previous involvement of the accused applicant in any other case, this court is inclined to enlarge accused applicant on bail. Therefore, the bail application is allowed .

¶12

Let the applicant, Arsad Ali be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶13

The applicant shall not tamper with the evidence and shall cooperate with the police as and when so required.

¶14

The applicant shall not pressurize the witnesses, during the trial.

¶15

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶16

In case of breach of any of the above conditions, the same shall be a ground for cancellation of bail.

¶17

Observation made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.

¶18

Order Date :- 21.3.2023 Shafique

¶19

Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Arsad Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arsad Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Yodesh Mathuria Vs State of U.P.

Nabi Ahmad Vs State of U.P.

Smt Babita and 6 Others Vs State of U.P.

Renu Bala Vs State of U.P.

Rampratap and Another Vs State of U.P.

Parvez Vs State of U.P.