Allowed

Asif v. State of U.P.

Allahabad HC2 Apr 2025BAIL/3610/2025

Case brief

AI extract

What is this about?

Bail application for an applicant charged under BNS sections 309(6), 317(2) and 123 in connection with the alleged loot of an informant's e-rickshaw. Court considered facts, evidence and complicity and allowed the bail application, releasing him on personal bond with two sureties subject to standard conditions.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties, subject to conditions including non-tampering, cooperation in trial and no further criminal activity.

Asif vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:45887

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3610 of 2025

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Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Nishant Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit, filed today, is taken on record.

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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 instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.376 of 2024, under Sections 309(6), 317(2), 123 B.N.S., P.S. Rasulabad, District Kanpur Dehat, during pendency of the trial.

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As per F.I.R. allegation, informant's e-rickshaw has been looted by some unknown person. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The alleged recovery is false, planted and not supported by any independent witnesses. The applicant has no concern with the alleged incident. The applicant has criminal history which is explained in the affidavit of bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 07.09.2024 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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On the other hand, learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the 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, Asif be released on bail on his furnishing a personal bond and two 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(ii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 2.4.2025 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Asif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asif v. State of U.P.

Case brief

What is this about?

What did the court decide?

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