Allowed

Aasif Jamal v. State of U.P.

Allahabad HC16 Aug 2023BAIL/32231/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the High Court allowed the prayer for release on bail for an accused in a criminal case involving assault and hurt, citing the cross-case nature and the grant of bail to a similarly situated co-accused.

What did the court decide?

Granted release on bail on a personal bond and two sureties subject to conditions regarding court appearance, undertaking against misuse of liberty, and non-disposal of property by sureties.

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

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Neutral Citation No. - 2023:AHC:164569

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32231 of 2023

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Applicant :- Aasif Jamal Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Ankur Chaurasia,Diwan Saifullah Khan Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No. 51 of 2022 under Sections 147, 323, 324, 326 354-B, 506, 34 IPC Police Station Jaitpura District Varanasi.

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Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The accused and the informant are family members. It is further submitted that only general allegations have been made against the present applicant, however, after three months of the incident the role of the applicant along with co-accused Sahid has been distinguished. This is a cross case a number of persons from the applicant's side have suffered grievous injuries in the assault. Similarly situated co-accused Sahid Jamal has been granted bail by a co-ordinate Bench of this Court by order dated 01.03.2023

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passed in Criminal Misc. Bail Application No. 3616 of 2023. The applicant is languishing in jail since 15.06.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

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On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.

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Considering the facts and circumstances of the case and taking into account that initially general allegations were made against the applicant, this is a cross case, co-accused Sahid Jamal has been granted bail by a co-ordinate Bench of this Court by order dated 01.03.2023 passed in Criminal Misc. Bail Application No. 3616 of 2023 and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

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The bail application is allowed.

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Let applicant-Aasif Jamal be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence

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when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as

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abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

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(vi) The applicant shall also give an undertaking to the effect

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that he will not change his address without prior intimation to

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the trial court concerned.

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(Renu Agarwal,J.)

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Order Date :- 16.8.2023 Nadeem

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Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad

Aasif Jamal v. State of U.P.

Case brief

What is this about?

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Aasif Jamal v. State of U.P.

Case brief

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What did the court decide?

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