Ajwar vs Waseem - 2022 Supreme(SC) 1959

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1959

D. Y. CHANDRACHUD, HIMA KOHLI
Ajwar – Appellant
Versus
Waseem – Respondent

Advocates Appeared:
For the Appellant : Mr. Md. Anas Chaudhary, Adv., Ms. Sneha Chaudhary, Adv., Ms. Nishat Parveen, Adv., Mr. Jazib Siddiqui, Adv., Mr. Ansar Ahmad Chaudhary, AOR
For the Respondents: Mr. Sidharth Luthra, Sr. Adv., Mr. Sitab Ali Chaudhary, Adv., Ms. Anasuya Chaudhary, Adv., Mr. MZ Chaudhary, Adv., Mr. Gufran Ali, Adv., Ms. Rubina, Adv., Mr. Tabarak Husain, Adv., Mr. Sabarayab, Adv., Ms. Preeti Gupta, AOR, Mr. Sharan Thakur, AAG, Mr. Sarvesh Singh Baghel, AOR, Mr. Siddharth Thakur, Adv.

Table of Content
1. basis for granting bail and related facts. (Para 2 , 3 , 4 , 5)
2. arguments presented regarding bail eligibility. (Para 6 , 7 , 8)
3. court's observations on bail justification. (Para 9 , 10)
4. setting aside of high court's bail order. (Para 11 , 13)
5. order for surrender and expedited processing. (Para 12 , 14 , 15)

ORDER :

2. The appeal arises from an order dated 22 August 2022 of a Single Judge of the High Court of Judicature at Allahabad in Criminal Miscellaneous Bail Application No 26740 of 2022 admitting the first respondent, Waseem, to bail under Section 439 of the Code of Criminal Procedure 1973¹[“CrPC”]. The application for bail was filed in connection with Case Crime No 126 of 2020 registered at PS Mundali, Meerut for offences punishable under Sections 147 , 148, 149, 352, 307, 302 and 504 read with Section 34 of the INDIAN PENAL CODE 1860²[“IPC”].

(ii) Co-accused, Niyaj Ahmad, was admitted to bail on 4 August 2022 in Criminal Miscellaneous Bail Application No 4555 of 2022; and

(iii) The role assigned to the first respondent was similar to that of the coaccused

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