Ashraf Alias Aalu Akalu v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49288 of 2023 Applicant :- Ashraf Alias Aalu Akalu Opposite Party :- State of U.P. Counsel for Applicant :- Juned Alam Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

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

¶2By means of this bail application, applicant seeks bail in Case Crime No. 317 of 2014, under Sections 8/20 and 23 N.D.P.S. Act, Police Station Seorahi, District Kushi Nagar, during the pendency of trial.

¶3It is submitted by learned counsel for the applicant that four cases against the applicant have been mentioned in the supplementary affidavit (Para-2), in which the applicant have been enlarged on bail.The case of the applicant is on the similar footing with the case of co-accused Rijvan, who was also named to be ran away like the applicant from the spot has been enlarged on bail by co-ordinate bench of this court on 02.12.2023 in Criminal Misc. Bail Application No. 50441 of 2023. The applicant is in jail since

02.09.2023. In case the applicant is enlarged 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 - Ashraf Alias Aalu Akalu, 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 :- 12.12.2023 RPD High Court of Judicature at Allahabad