In a bail application filed by Hira Lal, the single-judge court issued bail considering that the informant did not specifically name the applicant and the applicant was not present at the time of the incident.
Release on bail under personal bond with two sureties each, subject to conditions against tampering evidence and committing further crimes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20469 of 2018
Applicant :- Hira Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Ved Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
As per the statement of the informant recorded by the police under Section 161 Cr.P.C he had not made any allegation against the applicant, who is husband of the deceased. It has been argued by the learned counsel for the applicant that at the time of incident the applicant was not in the house. The applicant is in jail since 01.03.2018.
On the other hand learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Hira Lal be released on bail in Case Crime No. 161 of 2018, under Sections 498-A, 304-B IPC and 3/4 D. P. Act, 1961, Police Station Civil Lines, District Moradabad on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
In case of breach of 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 :- 17.7.2018 SS
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a criminal case involving allegations under Sections 498-A and 304-B IPC.
Whether the applicant was present at the time of the incident as alleged.
2 provisions across 2 enactments
Hira Lal
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
