The High Court allowed the criminal bail application of two applicants falsely implicated in an offense involving fatal injury, finding it a fit case for release subject to bonding conditions.
Release on bail by furnishing personal bonds and two sureties each, subject to conditions regarding non-tampering with evidence and absence from jurisdiction.
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Neutral Citation No. - 2023:AHC:125965
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26079 of 2023
Applicant :- Asraf Ali And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shobhit Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Kartikey Pandey, Advocate holding brief of Sri Shobhit Yadav, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case. It is further submitted that from the perusal of the first information report, it appears that no weapon has been assigned to the applicants and it is not clear from the evidence collected during investigation by the Investigating Officer that who has caused fatal injury to the deceased. It is lastly submitted that the applicants have no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. The applicants are in jail since 5.1.2023.
Learned A.G.A. for the State vehemently opposed the prayer of bail. However, he does not dispute the aforesaid facts.
Considering the submissions of learned counsel for the parties, from perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed .
Let the applicants Asraf Ali and Khalik Ali be released on bail in Case Crime No. 04 of 2023, under Sections 304, 323 and 506 I.P.C., registered at Police Station Kadaura, District Jalaun, on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the Court concerned, subject to the following conditions:
(i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim / complainant in any manner
whatsoever.
(ii) The applicants will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activity.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 9.6.2023
Faridul
Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether the present case qualifies as a fit case for grant of bail under the relevant legal provisions.
Asraf Ali
Khalik Ali
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
