Asif v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43705 of 2023 Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Salilendu Kumar Upadhyay Counsel for Opposite Party :- G.A.,Anurag Dubey,Roopesh Srivastava Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.177 of 2023, under Section 307/34 IPC and Section 3/25/27 Arms Act, Police Station Alau, District Mainpuri, during the pendency of trial.

¶3It is argued by the learned counsel for the applicant that the applicant is innocent. It is further contended that seeing the nature of injury, they can be said to have been simple in nature. In this case common role has been assigned to co-accused Nazim. There is no previous criminal history of the applicant except the present one. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 24.06.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Asif, involved in the aforesaid case crime 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 8.11.2023 Imtiyaz High Court of Judicature at Allahabad