Allowed

Asgar v. State of U.P.

Allahabad HC3 Jul 2023BAIL/17504/2023

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Asgar in a criminal case involving murder and dacoity charges. The court noted the delay in investigation, the disclosure of co-accused names, and the fact that co-accused had already been granted bail. No opinion was expressed on the merits of the trial.

What did the court decide?

Allowed bail on personal bond and two sureties subject to standard conditions of appearing in court and not tampering with evidence.

Asgar Vs State of U.P. — Corruption | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:130338

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17504 of 2023

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Applicant :- Asgar Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Farooque Ansari Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Mohammad Farooque Ansari, learned counsel for the applicant and Dr.S.B.Maurya, learned AGA-I, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.170 of 2018 (Session Trial No.19 of 2019), under Sections 302, 307, 396, 397, 411 and 120B IPC, Police Station Pali Mukeempur, District Aligarh during pendency of the trial.

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FIR of the present case was lodged against unknown persons and according to the FIR, some unknown persons were committed the murder of uncle and grandfather of the informant and caused injury to one Mahendra.

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Learned counsel for the applicant submits that nobody was named in the FIR and during investigating when the statement of the alleged injured Mahendra was recorded then he disclosed the name of Tulsiram, Manoj and Karooa but when his subsequent statement was recorded then he changed the entire version and disclosed the name of co-accused Sabir Ali and Nadeem and three others.

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He next submits that co-accused Sabir Ali and Nadeem have already been released on bail and their bail orders have been appended along with the instant bail application.

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He further submits that although applicant is having

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criminal history of four cases but his criminal history has been explained in the affidavit filed in support of the present bail application.

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He next submits that applicant in two other cases was in jail since 2016 and the alleged incident is said to have taken place in the year 2018, therefore, there was no question for the applicant to present at spot.

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He further submits that applicant in the present matter is in jail since 10.12.2018, i.e., for the last about more than four and half years.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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From the perusal of the record it reflects that the name of applicant was disclosed during investigation and during investigation alleged injured Mahendra disclosed the names of Tulsiram, Manoj and Karooa and in his subsequent statement he disclosed the names of Sabir Ali and Nadeem and others and co-accused Sabir Ali and Nadeem have already been released on bail by Coordinate Benches of this Court and applicant in the present matter is in jail since 10.12.2018, i.e, for the last about more than four and half years and his criminal history has been explained in the affidavit and the supplementary affidavit filed in support of the present bail application.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits

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of the case, the instant bail application is allowed.

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Let the applicant- Asgar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 3.7.2023

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SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Asgar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asgar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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