Allahabad High Court
Asad Ahmad vs State Of U.P. on 5 October, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30754 of 2020 Applicant :- Asad Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Narayan Gupta Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant bail application has been filed on behalf of the applicant, Asad Ahmad, with a prayer to release him on bail in Case Crime No. 164 of 2020 under Sections 147, 148, 323, 308, 325, 392 I.P.C., Police Station- Kokhraj, District- Kaushambi, during pendency of trial.
The allegation in the F.I.R. is that the applicant along with co-accused have caused fractures to the injured on his hand and head and have robbed 1 gold chain and Rs. 2,000/-. Learned counsel for the applicant has submitted that the F.I.R. is delayed by five days. There is no medical report of any Government Hospital and the treatment was done at a private hospital as is clear from the instructions of learned A.G.A. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is in jail since 22.07.2020.
Learned A.G.A. has opposed the prayer for bail of the applicant.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case the court below is functioning normally, this condition will not apply and the applicant shall be enlarged on bail on execution of personal bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 5.10.2020 KS