Allowed

Arif v. State of U.P.

Allahabad HC7 Dec 2023BAIL/48106/2023

Case brief

AI extract

What is this about?

This court allowed a bail application filed under Section 439 Cr.P.C. The applicant was accused of firing on a police party with no injuries to police. The court noted the applicant was injured and items were recovered without independent witnesses. Withholding no reasonable apprehension of tampering, the court granted bail subject to conditions regarding appearance and non-interference.

What did the court decide?

Applicant released on bail on personal bond and two sureties of like amount on conditions of not interfering with witnesses and appearing in court.

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

¶1

Neutral Citation No. - 2023:AHC:231959

¶2

Court No. - 74

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48106 of 2023

¶4

Applicant :- Arif Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vivek Varma,J.

¶6

Heard learned Counsel for the applicant, Sri N.K. Sharma, learned A.G.A. for the State and perused the record.

¶7

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. 207 of 2023, under Section 307/34 I.P.C., Police StationEtmadpur, District- Agra during pendency of the trial.

¶8

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. No police personnel has received any injury. In fact, it is the applicant, who has received injury on his right leg. False recovery of a country made pistol, two live cartridges has been shown from the applicant. There is no independent witness to the recovery. Prior to the instant case the applicant does not have any criminal history, however after his arrest he has been implicated in other cases. The applicant is in jail since 9.7.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶9

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

¶10

Having heard counsel for the parties and having perused the record, this Court prima facie finds that no police personnel has received any injury. In fact, the applicant has received injury on his right leg. There is no independent witness to the alleged recovery. At his stage, there is no substantive evidence against the applicant. Further the applicant has presently remained confined for more than four months and 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 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.

¶11

Let the applicant, Arif 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:

¶12

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

¶13

ii. the applicant shall not pressurize the prosecution witness;

¶14

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

¶15

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

¶16

Order Date :- 7.12.2023 S.S.

¶17

Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Arif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arif v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Tuntun Nath @ Pintu and Another Vs State of U.P.

Shivakant @ Ramu Vs State of U.P. and 3 Others

Nihal Singh @ Nihal Kumr Arya Vs State of U.P.

Kishori Vs State of U.P.

Irshad Vs State of U.P.

Munnilal Vs State of U.P. and 3 Others