Allowed

Kashif v. State of U.P.

Allahabad HC17 Feb 2023BAIL/7733/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 7733 of 2023, the Allahabad High Court allowed the bail application of an accused in a robbery-related offence, directing his release on personal bond and two sureties subject to standard conditions.

What did the court decide?

Release of applicant on bail with a personal bond and two sureties; conditions imposed against tampering with evidence or influencing witnesses.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7733 of 2023

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Applicant :- Kashif Opposite Party :- State of U.P. Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 353 of 2022 at Police Station- Pakbara, District- Moradabad under Sections 392, 411 IPC. The applicant is in jail since 21.12.2022.

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The bail application of the applicant was rejected by the learned trial court on 24.01.2023.

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The following arguments made by Sri Ishtiyak Khan, learned counsel holding brief of Sri Zafeer Ahmad, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

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(1). One knife and fifteen ATM cards has been shown as recovered from the applicant.

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(2). The knife belongs to the applicant and is used for cutting vegetables.

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(3). None of the ATM cards can be linked to any fraudulent transaction.

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(4). Recovered items were planted on the person of the applicant to frame him in the instant case to show proficiency of the police investigators.

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(5). There is no independent witness to the recovery.

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(6). Recovered articles cannot be linked with the crime.

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(7). Prosecution evidence does not connect the applicant with the offence.

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(8). The applicant has no criminal history prior to the instant case. However, after nomination in the instant case, the applicant has become a soft target and a convenient scapegoat for the police authorities who falsely nominated him in three other cases only to burnish their professional credentials. The said case does not have any bearing on the instant case.

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(9). 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

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proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Kashif, 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:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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

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Order Date :- 17.2.2023 Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad

Kashif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kashif v. State of U.P.

Case brief

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