Allowed

Aamir v. State of U.P.

Allahabad HC25 Aug 2023BAIL/19232/2023

Case brief

AI extract

What is this about?

Single Judge of Allahabad High Court allowed the second bail application of Aamir charged under Section 307 IPC. The court noted the trial was advanced, the accused had not tampered with evidence, and granted bail on personal bond and sureties, without discussing the merits of the case.

What did the court decide?

Released on bail in 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.

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

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Neutral Citation No. - 2023:AHC:171851

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19232 of 2023

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Applicant :- Aamir Opposite Party :- State of U.P. Counsel for Applicant :- Aradhana Singh,Bhawna Verma Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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This is the second bail application.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 645 of 2019 (Sessions Trial No. 7040 of 2019) at Police Station Vijaynagar District Ghaziabad under Section 307 I.P.C. The applicant is in jail since 27.06.2019.

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The first bail application of the applicant was rejected by this Court on 26.04.2022.

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The following arguments made by Ms. Aradhana Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:

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The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial.

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The applicant never influenced witnesses and tampered with the evidence.

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The applicant is in jail for more than 4 years.

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4.The status report sent by the learned trial court records that the prosecution has tendered its evidence and the proceedings under Section 313 Cr.P.C. have also been concluded.

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The accused proposes to examine two witnesses in his defence. The applicant will be able to tender his defence more effectively if he is set at liberty.

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The applicant undertakes to cooperate in the trial proceedings unconditionally and not to adopt any dilatory tactics or impede the progress of the trial.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial 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- Aamir be released on bail in 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

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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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In case the learned trial court finds that the applicant is delaying the trial or is not cooperating, a finding to this effect may be recorded and may proceed to take coercive measures in accordance with law and shall conclude the trial in an expeditious basis.

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Order Date :- 25.8.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Aamir v. State of U.P.

Case brief

What is this about?

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Aamir v. State of U.P.

Case brief

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