Abid vs State Of U.P.
2016 Latest Caselaw 3597 ALL

Citation : 2016 Latest Caselaw 3597 ALL
Judgement Date : 22 June, 2016

Allahabad High Court

Abid vs State Of U.P. on 22 June, 2016

Bench: Pradeep Kumar Baghel




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20285 of 2016
 

 
Applicant :- Abid
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajesh Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

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

The applicant has been involved in Case Crime No.08 of 2016 under sections 147, 148, 149, 302, 323, 504, 506 I.P.C. and 3 (2) 5 SC/ST, Act Police Station Mantola, District Agra.

Learned counsel for the applicant has submitted that he has been falsely implicated in this case as no role has been assigned to him. The allegation is only against Raja and Shahrukh, who had fired at the brother of the complainant.

It is averred in paragraph no. 14 of the affidavit filed in support of the bail application that he has no criminal history and he has never been implicated in any case whatsoever. In an answer to a query, learned A.G.A., on the basis of instructions submits that there is no reference of the criminal history of the applicant.

Learned A.G.A. opposed this application.

Although the applicant is named in the FIR but no role has been assigned to him couple with the fact that there is no criminal history of the applicant. The applicant is in jail since 25.02.2016.

Accordingly, let the applicant, Abid involved in Case Crime No. 08 of 2016 under sections 147, 148, 149, 302, 323, 504, 506 I.P.C. and 3 (2) 5 SC/ST Act P.S. Mantola, District Agra be enlarged on bail on his executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of the court concerned subject to the following conditions that:-

1.The applicant will not tamper with the evidence during the trial.

2.The applicant will not pressurise/intimidate the prosecution witness.

3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

In case of breach of the any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 22.6.2016