Application for bail rejected. Court held that specific role of firing attributed to applicant, long criminal history, and lack of complainant statement prevented release, despite case delay.
Bail application rejected; liberty granted to file fresh bail application if substantial trial progress fails within six months.
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Reserved
Neutral Citation No. - 2023:AHC:217212
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36308 of 2023
Applicant :- Mohd. Asad @ Asaad Opposite Party :- State of U.P. Counsel for Applicant :- Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.,Chandra Kant Bharadwaj,Ratnendu Kumar Singh
Hon'ble Raj Beer Singh,J.
associates and applicant was not involved in the alleged incident. Further, only general and omnibus allegations have been levelled against the applicant that the accused persons have made firing. No specific role has been assigned to the applicant/accused and no one has sustained any injury. As per prosecution version, ten accused persons were shown coming in a Ertiga car, which is a six seater car, and it is not probable that ten persons might have come by the said car. Criminal history of thirteen cases has been shown against the applicant and the same has duly been explained in the affidavit. Investigation of the case is already complete and chargesheet was submitted on 26/10/2012. Lastly it was submitted that the applicant is languishing in jail since 19.4.2023 and trial of the case is yet to start and thus, in view of the aforesaid facts and circumstances, the applicant may be granted bail. It was also submitted that similarly placed co-accused Ali Ahmed has been granted bail by this Court.
The applicant is an active member of the said gang and some of the members of the gang are in jail and they have indulged in various illegal activities even from the jail. The applicant-accused has no parity with the case of Ali Ahmed, who has been granted bail by this Court. It is also submitted that in case the applicant is granted bail, he may threaten and attack the complainant. Referring to the facts of the matter, it was submitted that the applicant accused is not entitled for bail.
cartridges were recovered from the spot. The version of the informant is supported by witness Achal Bharti.
Order Date :- 9.11.2023
HR
Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant accused is entitled to bail in a non-bailable offence involving FIR delay and criminal history.
Whether the applicant can claim parity with a co-accused granted bail despite different roles attributed.
Whether bail should be granted in absence of substantial progress in the trial.
1 provisions across 1 enactments
Mohd. Asad @ Asaad
State of U.P.
Raj Beer Singh
Hemant Ranjan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
