Allowed¶10

Ashish v. State of U.P.

Allahabad HC15 Jun 2023BAIL/24838/2023

Case brief

AI extract

What is this about?

Bail granted; applicant Ashish; State of U.P.; Case Crime No.163 of 2022; Sections 379, 411 I.P.C.; Police Station Chhajlait; District Moradabad; Criminal Misc. Bail Application No. 24838 of 2023; High Court of Judicature at Allahabad; Court No. 71; Nand Prabha Shukla, J.; order dated 15.6.2023; Neutral Citation 2023:AHC:127000; co-accused Shahzad and Taukir already on bail (parity argument); custody since 22.08.2022; personal bond and two sureties; bail conditions and cancellation on default.

What did the court decide?

Applicant Ashish to be released on bail in Case Crime No.163 of 2022 on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the enumerated conditions, without expression of opinion on merits. ¶10

Ashish Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

¶10

Issue for consideration

Whether the applicant, Ashish, involved in Case Crime No.163 of 2022 under Sections 379, 411 I.P.C. (Police Station Chhajlait, District Moradabad), should be enlarged on bail.

¶7

Court's answer

Considering the facts and circumstances, the submissions of learned counsel for the parties and the material on record, and without expressing any opinion on the merits of the case, the Court directed that the applicant involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

¶10

Ratio / Principle

The release on bail was made subject to conditions: (i) the applicant shall not indulge in any criminal activity; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses; and (iv) shall regularly appear on dates fixed by the trial court unless his personal attendance is exempted by the trial court.

¶11

Key takeaways

In case of default of any of the bail conditions, it is open to the opposite parties to approach the Court for cancellation of bail.ratio¶16

Detailed headnote1 paragraphs

Criminal Misc. Bail Application No. 24838 of 2023, Ashish v. State of U.P. (High Court of Judicature at Allahabad, Court No. 71, Nand Prabha Shukla, J.; Order Date 15.6.2023; Neutral Citation 2023:AHC:127000): Bail allowed in Case Crime No.163 of 2022 under Sections 379, 411 I.P.C., Police Station Chhajlait, District Moradabad. Without expressing any opinion on the merits, and considering the facts, submissions and material on record, the Court directed release of the applicant on furnishing a personal bond and two sureties of the like amount, subject to conditions: no criminal activity, no tampering with prosecution evidence, no pressurizing prosecution witnesses, and regular appearance before the trial court unless attendance exempted; on default of any condition the opposite parties may seek cancellation of bail. Counsel had urged parity, the co-accused Shahzad and Taukir having been released on bail by another Bench (orders dated 01.11.2022 and 21.10.2022 in Bail Application Nos.43287 and 45082 of 2022); the applicant was stated to be in jail since 22.08.2022, with criminal history explained in paragraph 13 of the accompanying affidavit.

¶1

Neutral Citation No. - 2023:AHC:127000

¶2

Court No. - 71

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24838 of 2023

¶4

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

¶5

Hon'ble Ms. Nand Prabha Shukla,J.

¶6

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.

¶7

The present bail application has been filed by the applicant namely Ashish with a prayer to enlarge him on bail in Case Crime No.163 of 2022, under Sections 379, 411 I.P.C., Police Station Chhajlait, District Moradabad.

¶8

Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case on the basis of false recovery made against him. Nothing incriminating has been recovered from the possession of the accused applicant. It is further submitted that the co-accused Shahzad and Taukir have already been released on bail by means of orders dated 01.11.2022 and 21.10.2022 passed by another Bench of this Court in Criminal Misc. Bail Application Nos.43287 of 2022 and 45082 of 2022. Criminal history of the applicant has been duly explained in paragraph no. 13 of the affidavit accompanying the bail application. It is also submitted that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is languishing in jail since 22.08.2022 hence, he is entitled to bail.

¶9

Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant.

¶10

Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two

¶11

sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

¶12