Arbaz vs State Of U.P.
2021 Latest Caselaw 481 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49447 of 2020
 

 
Applicant :- Arbaz
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Gyan Prakash Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

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. 1048 of 2020, under Sections 323, 336, 452, 308, 506 IPC, Police Station Kotwali Nagar, District Bulandshahr.

Contention of the counsel for the applicant is that no specific role has been assigned to the applicant. He further argues that there is no criminal history of the applicant and the applicant is languishing in jail since 5.10.2020, and the learned AGA has not disputed the fact with regard to criminal history. 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 Arbaz 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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