Allowed

Asif v. State of U.P. and Another

Allahabad HC5 Jul 2023CRLA/834/2023

Case brief

AI extract

What is this about?

The criminal appeal against bail rejection was allowed. The High Court found the Special Judge erred in rejecting bail as the appellant, suffering from mental health issues, posed no flight risk and would assist in case disposal, making the impugned order illegal and liable to be set aside.

What did the court decide?

Impugned bail rejection order set aside; appellant released on personal bond and two heavy local sureties subject to standard bail conditions.

Asif Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:132522

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Court No. - 85

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Case :- CRIMINAL APPEAL No. - 834 of 2023

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Appellant :- Asif Respondent :- State of U.P. and Another Counsel for Appellant :- Kandarp Srivastava,Aditi Srivastava Counsel for Respondent :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Counter affidavit filed on behalf of State in Court today is taken on record.

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Despite service of notice upon the informant/opposite party no.2, no one has put in appearance on his behalf.

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Heard learned counsel for the appellant, learned Additional Government Advocate for the State of U.P. and perused the record.

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This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellants with the prayer to set aside the bail rejection order dated 20.12.2022 passed by learned Special Judge (SC/ST Act)/Additional Sessions Judge, Ghaziabad in Bail Application No. 8746 of 2022, arising out of Case Crime No. 20 of 2012, under Sections 307, 504 IPC and Section 3(2) (V) of SC/ST Act, Police Station Vijay Nagar, District Ghaziabad.

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Learned counsel for the appellant argued that earlier the appellant was granted bail by the coordinate Bench of this Court vide order 13.02.2013 but he remained absent on 17.08.2021 for the reason that the appellant fell ill in the month of January, 2021 and on 30.01.2021, he was taken to the Institute of Human Behaviour @ Allied Sciences (IHBAS), Dilshad Garden, Delhi, where he was declared as a patient of Brain Mind Problems. He was under regular treatment from 30.01.2021 to 28.06.2022 and could not appear before the court. It is further submitted that earlier to this incident the appellant was regularly attending the court and participating in the proceedings. Lastly, it is submitted by learned counsel for the appellant that there is no chance of the appellant fleeing away from the judicial process or tampering with the prosecution evidence. The appellant is languishing in jail since 08.12.2022 and in case he is released on bail, he will not misuse the liberty

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of bail and will cooperate in the early disposal of the case.

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Per contra, learned A.G.A. opposed the prayer for bail and submitted that the appellant remained absent nearly about one year.

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Having regard to the facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, this Court is of the view that the appellant has made out a case for bail. The Court below erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

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Let appellant, Asif , involved in the above Case be released on bail on furnishing a personal bond and two heavy and local sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The appellant will not tamper with the evidence during the trial.

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(ii) The appellant will not pressurize/intimidate the prosecution witness.

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

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(iv) The appellant shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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(v) The appellant 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 or to any police officer or tamper with the evidence.

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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 :- 5.7.2023 Prajapati

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Asif v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Asif v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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