Aqib vs State Of U.P.
2021 Latest Caselaw 477 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49430 of 2020
 

 
Applicant :- Aqib
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Shailendra Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Supplementary affidavit filed today is taken on record.

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

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 172 of 2020, under Section 307 IPC, Police Station Didarganj, District Azamgarh.

The contention of counsel for the applicant is that that as per the medical report, wound sustained by the victim is 9 c.m. X 0.5 c.m. muscle deep. It is further stated that the applicant has no criminal history and is languishing in jail since 30.10.2021. Learned AGA confirms that there is no criminal history apart from the present case. There is nothing on record to demonstrate that if the applicant is enlarged on bail, it would adversely affect the trial of the case.

Per contra, learned A.G.A. has opposed the bail prayer of the applicant.

Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and also perusing the material on record as well as considering the judgment of Supreme Court in the case of Data Ram Singh Vs. State of U.P. and others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled for bail.

Let the applicant Aqib involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

Copy of the order downloaded from the official website of the Allahabad High Court shall be accepted as a true copy of this order.

Order Date :- 8.1.2021

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