Allowed

Abrar Hussain v. State of Up and 3 Others

Allahabad HC22 Jul 2024CRLA/1106/2024

Case brief

AI extract

What is this about?

Appellant applied for bail during appeal pendency. Court granted bail citing lengthy incarceration and remote appeal hearing prospects without adjudicating merits, requiring personal bond and two sureties.

What did the court decide?

Appellant enlarged on bail by furnishing personal bond and two sureties of like amount.

What the court decided

Abrar Hussain vs State of Up and 3 Others — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:116543

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 1106 of 2024

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Appellant :- Abrar Hussain Respondent :- State Of Up And 3 Others Counsel for Appellant :- Puneet Kumar Counsel for Respondent :- Ashok Kumar Singh Yadav,G.A.,Priyavrat Tripathi,Ramesh Chandra Srivastava

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Hon'ble Saurabh Srivastava,J.

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Order on Application u/s 389(1) Cr.P.C.

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Custody certificate provided by learned counsel for appellant is taken on record.

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Heard learned counsel for the appellant, learned counsel for opposite party No. 2 and learned AGA for the State.

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It has been submitted by learned counsel for the appellant/applicant that the appellant/applicant is innocent and has been falsely implicated in the instant case. It has been further submitted that the conviction and sentence imposed by the learned trial Judge is against the weight of evidence on record. The trial court has misread the evidence on record and convicted the appellant/applicant. The prosecution has not been able to prove its case beyond reasonable doubt. Appellant/applicant has no criminal history to his credit. Appellant/applicant is languishing in jail since 16.12.2023 and as per custody certificate, out of conviction of five years, appellant/applicant has completed total sentence ncluding remission for a period of 1 year 8 months and the applicant undertakes not to misuse the liberty of bail, if granted by this Court since prospect of the appeal being heard in the near future is extremely remote, hence the applicant/appellant is entitled to be released on bail during the pendency of appeal.

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Per contra, learned AGA for the State vehemently opposed the prayer as made in the application but could not dispute the aforesaid facts.

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Keeping in view the aforesaid facts and circumstances of the case such as longevity of incarceration and considering the unlikelihood of early hearing of appeal due to heavy pendency, without interfering into the merits of the case, I am of the opinion that appellant/applicant is entitled to be enlarged on bail during pendency of appeal.

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Let the appellant/applicant - Abrar Hussain be enlarged on bail in Session Trial No. 1986 of 2021 arising out of Case Crime No. 240 of 2021 under Sections 354B, 506 I.P.C. and 9(F)(M/10 POCSO Act, Police Station-Janakpuri, District-Saharanpur on his furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

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As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by court concerned to be kept on the record of this appeal.

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Order on Memo of Appeal

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List in due course.

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Order Date :- 22.7.2024 Karan

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Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad

Abrar Hussain v. State of Up and 3 Others

Case brief

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Abrar Hussain v. State of Up and 3 Others

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