Single judge allowed bail to Mohd. Jubair Ahmad in a criminal case involving grievous hurt and attempted murder, noting the dispute was neighborhood-based, injuries non-life threatening, and no intent to kill.
Applicant released on bail by furnishing a personal bond and two sureties each in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52037 of 2022
Applicant :- Mohd. Jubair Ahmad @ Sadab Opposite Party :- State of U.P. Counsel for Applicant :- J.B. Singh,Chandra Prakash Singh Counsel for Opposite Party :- G.A.,M. A. Siddiqui
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 437 of 2022 at Police Station Mauaima, District Prayagraj under Sections 147, 148, 307, 323, 341, 504 I.P.C. The applicant is in jail since 13.08.2022.
The first bail application of the applicant was rejected by this Court on 29.10.2022.
The following arguments made by Shri J. B. Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri M. A. Siddiqui, learned Senior Counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:
(1). The incident was a result of a neighbourhood dispute which suddenly turned violent.
(2). The injuries suffered by the injured are not life threatening.
(3). The nature of the injuries establishes that there was no intent to kill.
(4). The applicant did not exceed his right to self defence.
(5). The applicant does not have any criminal history apart from the instant case.
(6). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Mohd. Jubair Ahmad @ Sadab be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 19.1.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible for grant of bail in the afforementioned criminal charges.
Whether the applicant satisfies the conditions of bail despite being a repeat offender in the same year.
Mohd. Jubair Ahmad @ Sadab
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
