Asif vs State Of U.P.
2016 Latest Caselaw 5309 ALL

Citation : 2016 Latest Caselaw 5309 ALL
Judgement Date : 19 August, 2016

Allahabad High Court

Asif vs State Of U.P. on 19 August, 2016

Bench: Om Prakash-Vii




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28218 of 2016
 

 
Applicant :- Asif
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sanjay Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Om Prakash-VII,J.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Criminal history has been properly explained. He is languishing in jail since 09.07.2016 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned AGA opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties 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.

Let the applicant Asif involved in Case Crime No. 421 of 2015, under Sections 3/5/8 of Cow Slaughter Act and Section 379 I.P.C., P.S. Harduaganj, District Aligarh be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further, before release of the accused sureties be verified.

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

5. 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 officer or tamper with the evidence.

In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.

Order Date :- 19.8.2016

A.K.Verma