Allowed

Aftab v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC30 May 2024/13196/2023

Case brief

AI extract

What is this about?

In a bail application regarding an assault case involving an altercation at a public place, the Allahabad High Court, Lucknow Bench allowed the applicant's bail. The court noted the petitioner's lack of criminal history, the nature of the injury, and the absence of evidence suggesting danger to the trial.

What did the court decide?

Release of the applicant on bail on furnishing personal bonds and two reliable sureties of Rs. 20,000/- each.

Aftab Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:41373

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13196 of 2023

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Applicant :- Aftab Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Jaiswal,Ajmal Khan,Brijyendra Bhasker,Javed Khan,Lalji Yadav,Mohd. Salman Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . In terms of the FIR, it was alleged that when the husband of the informant was relieving himself at a public place, the same was objected by the applicants and on account of altercation, he attacked the informant by use of Lathi, Danda and Kulhari, wherein the informant sustained substantial injuries. The injury report on record indicates fracture on the left parietal bone. The applicant is in custody since 31.05.2023 and he has no criminal history.

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3. Learned A.G.A. opposed the bail prayer.

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4. Considering the fact that the dispute arose on account of a petty altercation, prima facie, there is no motive to cause the offence. The injury report indicates that victim was discharged after treatment coupled with the fact that the applicant is in custody since 31.05.20-23 having no criminal history and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application

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is allowed .

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5. Let the applicant Aftab be released on bail in FIR/ Case Crime No. 57 of 2023, under Sections 323, 324, 325, 307, 504, 506 IPC, Police Station Udaipur, District Pratapgarh, on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 or to any police ofÏcer or tamper with the evidence.

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Order Date :- 30.5.2024 Arun

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Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Aftab v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Aftab v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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