Allowed

Arif v. State of U.P.

Allahabad HC11 May 2023BAIL/59430/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of Arif, who was accused of offences under Sections 147, 148, 149, 302, 307 and 120-B IPC. The Court granted bail on the basis of parity with a co-accused already released, subject to strict conditions regarding court attendance.

What did the court decide?

Released on bail by furnishing a personal bond and two heavy local sureties, subject to attendance and other conditions.

Arif Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:102137

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59430 of 2022

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Applicant :- Arif Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.,Saurabh Chaturvedi

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A for the State, Sri Saurabh Chaturvedi, learned counsel for the informant and perused the record.

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It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that similarly situated co-accused namely, Mubarik has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 21.04.2023 passed in Criminal Misc. Bail Application No.12935 of 2023 copy of which order has been produced before this Court and is taken on record. It is thus contended that the applicant is also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 29.07.2022 having no criminal history.

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Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.However, could not dispute the fact that the case of the applicant is similar to that of the co-accused Mubarik, who has already been enlarged on bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Arif involved in Case Crime No. 694 of 2022 under Sections 147, 148, 149, 302, 307, 120-B I.P.C., Police Station Khurja City, District Bulandshahr, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.

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II. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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III. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date 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.

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IV. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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

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

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Order Date :- 11.5.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI 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

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