Allowed

Alauddin v. State of U.P.

Allahabad HC6 Jan 2023BAIL/53026/2022

Case brief

AI extract

What is this about?

In CRIMINAL MISC. BAIL APPLICATION No. 53026 of 2022, the Allahabad High Court considered a bail application under Section 439 Cr.P.C. filed by Alauddin. The court observed the applicant's lack of criminal history and parity with a co-accused already released on bail, concluding he was entitled to bail.

What did the court decide?

Applicant to be released on bail by furnishing a personal bond and two sureties in the like amount.

Alauddin Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53026 of 2022

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Applicant :- Alauddin Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Tripathi,Sohit Prakash Sharma 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 Sri Vikas Sahai, learned AGA for the State-opposite party.

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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. 78 of 2021, under Sections 420, 406, 323, 506 I.P.C. and Section 3/5(3) of U.P. Prohibition of Unlawful Conversion of Religion Act, Police Station- Kotwali, District- Agra during the pendency of trial.

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It is submitted that the applicant has been falsely implicated in the instant case. The co-accused, Rahul @ Mehraj, who is alleged to be the husband of the first informant, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 51540 of 2021 vide order dated 29.03.2022. The applicant is brother of the co-accused, Rahul @ Mehraj. The applicant claims parity. The applicant has no criminal history to his credit. The applicant is in jail since 15.10.2022. In case, he is enlarged on bail, he will not misuse the said liberty.

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

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Having regard to the submissions made but without commenting on 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- Alauddin , involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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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 :- 6.1.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Alauddin v. State of U.P.

Case brief

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Alauddin v. State of U.P.

Case brief

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