Allowed

Asraf v. State of U.P.

Allahabad HC18 Aug 2023BAIL/31478/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed under Section 439 Cr.P.C. The court, noting the applicant has been confined for over a month with no hope of early trial completion and no reasonable apprehension of tampering with evidence, granted bail subject to a personal bond and two sureties.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties in a like amount.

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

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Neutral Citation No. - 2023:AHC:166782

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31478 of 2023

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Applicant :- Asraf Opposite Party :- State of U.P. Counsel for Applicant :- Seema Singh Jadaun,Jitendra Pal Singh Jadaun Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed by the counsel for the applicant, is taken on record.

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Heard learned counsel for the applicant, learned AGA for the State-respondent and perused the record.

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The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 289 of 2023, under Sections 307, 504 IPC and 5/27 Arms Act, Police Station Civil Lines, District Aligarh, during the pendency of trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the instant case, the role of exhortation has been assigned to the applicant, whereas the role of firing has been assigned to co-accused Farman, who has been granted bail by this Court in Criminal Misc. Bail Application N. 34275 of 2023 vide order dated 07.08.2023. The case of the applicant is on better footing than that of co-accused Farman. The applicant claims parity. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit. The applicant is in jail since 25.07.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made above and the fact that the applicant has remained confined for almost one month and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant Asraf, involved in the aforesaid case be

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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 the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 18.8.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Asraf v. State of U.P.

Case brief

What is this about?

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Asraf v. State of U.P.

Case brief

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