Allowed

Asad Ali v. State of U.P.

Allahabad HC3 Feb 2023BAIL/55072/2022

Case brief

AI extract

What is this about?

The court allowed bail to the applicant, Asad Ali, invoking parity with a co-accused. Bail was granted subject to strict conditions regarding witness tampering, court attendance, and consequences of default under Sections 229-A IPC, 82 Cr.P.C., and 174-A IPC.

What did the court decide?

Released on bail with personal bond and two sureties, subject to conditions regarding court attendance and prohibition of witness tampering or abuse of liberty.

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

¶1

Court No. - 73

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55072 of 2022

¶3

Applicant :- Asad Ali Opposite Party :- State of U.P. Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A.,Meraj Ahmad Khan

¶4

Hon'ble Siddharth,J.

¶5

Heard Sri Safiullah, learned counsel for the applicant; Sri Meraj Ahmad Khan, learned counsel for the informant; learned A.G.A. for the State and perused the material on record.

¶6

The instant bail application has been filed on behalf of the applicant, Asad Ali, with a prayer to release him on bail in case crime no.326 of 2022, under Sections 366, 376-D, 506 IPC, Police StationNakhasa, district- Sambha l during pendency of trial.

¶7

Learned counsel for the applicant has contended that the co-accused, Janey Alam, has been granted bail by this Court on 2.2.2023 in Criminal Misc. Bail Application No.29 of 2023. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant is languishing in jail since 17.8.2022.

¶8

Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.

¶9

Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

¶10

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

¶11

(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶12

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

¶13

(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date

¶14

fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

¶15

(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶16

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶17

Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶18

Order Date :- 3.2.2023 Ruchi Agrahari

¶19

Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Asad Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asad Ali 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

Smt. Jayanti @ Longshree and Another Vs State of U.P.

Kallu @ Krishna Vs State of U.P.

Smt. Prabha Devi and Another Vs State of U.P.

Sonu Jatav Vs State of U.P.

Ankit Vs State of U.P.

Javid Vs State of U.P. and 3 Others