Allowed

Aman v. State of U.P.

Allahabad HC3 Oct 2023BAIL/37517/2023

Case brief

AI extract

What is this about?

The Hon'ble High Court of Judicature at Allahabad, coram Mr. Justice Vivek Varma, allowed bail to the applicant in a criminal trial case under Section 307 IPC involving alleged firing on a police party. The court held that the injury sustained by the police constable was simple and non-vital, and no reasonable apprehension of tampering with evidence was established.

What did the court decide?

The applicant shall be released on bail on a personal bond and two sureties on furnishing the same to the satisfaction of the court concerned.

Aman Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:188769

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37517 of 2023

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Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Swaroop,Vinay Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned Counsel for the applicant and learned A.G.A. for the State-respondent.

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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. 307 of 2020, under Section 307 IPC, Police Station- Shamli, District- Shamli, during pendency of the trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. It is a case of firing on the police party. In the alleged incident constable Gaurav Kumar has received an injury. The applicant as well as another co-accused has also received injury. The injury sustained by the police constable is on non vital part of the body and is simple in nature. It is contended that intention of the applicant was only to evade arrest by the police and he fired only to frighten the police party. Identically placed co-accused Amit @ Mota has been granted bail by this Court in Criminal Misc. Bail Application No. 47854 of 2020 vide order dated 07.01.2021. The applicant claims party. Prior to the instant case, the applicant does not have any criminal history, however, after his arrest in the instant case, he has been implicated in other cases as mentioned in para 14 of the affidavit. The applicant is in jail since 05.07.2020 and in case he is enlarged on bail, he will not misuse the said liberty.

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

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that the injury sustained by the police constable is on non vital part of the body and is simple in nature. Identically placed co-accused Amit @ Mota has been granted bail by this Court. Further, the applicant has remained confined for more than three years and no reasonable apprehension

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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 - Aman, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicant shall not temper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness; and,

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iii. the applicant shall appear on each and every date fixed by the trial court.

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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 :- 3.10.2023 Lbm/-

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

Aman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aman v. State of U.P.

Case brief

What is this about?

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