Allowed

Wasim v. State of U.P.

Allahabad HC13 Feb 2023BAIL/6611/2023

Case brief

AI extract

What is this about?

Single judge allowed bail to applicant Wasim in a criminal case involving assault and related offences. Court noted lack of specific incriminating evidence against applicant and granted bail on personal bond and two sureties with standard conditions regarding tampering with evidence and appearing in court.

What did the court decide?

Released on bail on furnishing personal bond and two sureties with conditions regarding tampering with evidence and appearance in court.

Wasim Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 59

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6611 of 2023

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Applicant :- Wasim Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar Nigam,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 487 of 2022, under Sections 147, 149, 332, 336, 353, 307, 120B, 186, 283, 341, 427 IPC and Section 7 Criminal Law (Amendment) Act and 2/3 Prevention of Damage to Public Property Act, Police Station Alapur, District Budaun, with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that applicant is named in the first information report, but he was not arrested on the spot and he has arrested by the police after two day of the incident from his house. Except his name in the FIR, there is no other evidence on record to connect the applicant with the present case. There is no public or independent witness to support the prosecution case. Nothing incriminating was recovered from the possession of the applicant or on his pointing out. General role of assault and committing agitation was assigned to as many as 28 named and 250-300 unknown persons and no specific role has been assigned to the applicant. It is further submitted that applicant is languishing in jail since 10.12.2022 having no criminal history to his credit. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Wasim in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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

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Order Date :- 13.2.2023 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Wasim v. State of U.P.

Case brief

What is this about?

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Wasim v. State of U.P.

Case brief

What is this about?

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