Sessions Court granted bail to applicant Shamsher Hasan, who was in jail since December 2015, in a case involving IPC Sections 394 and 411. The applicant was not named in the FIR.
Released on bail in Crime No. 776 of 2015 upon furnishing personal bond with two sureties each.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24410 of 2018
Applicant :- Shamsher Hasan Opposite Party :- State Of U.P. Counsel for Applicant :- Gajendra Singh 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.
The argument is that the applicant is not named in the F.I.R. and he is in jail since 17.12.2015. Counsel for the applicant has brought on record the order sheet of the Sessions Trial No. 107 of 2016 wherein applicant is being tried and has stated that as yet no witness has been examined, only charges have been framed. Co-accused Kamal Hasan @ Doctor has already been enlarged on bail in Criminal Misc. Bail Application No. 24706 of 2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
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 Shamsher Hasan , be released on bail in Case Crime No. 776 of 2015, under Sections 394 & 411 I.P.C., P.S. Faijganj Behta, District Buduan 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 :-
or commission of any crime after being released on bail.
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 :- 25.7.2018 Rohit
1 issue framed by the court
Whether the applicant, who is not named in the FIR but is in jail and tried with framed charges, is entitled to bail.
1 provisions across 1 enactments
Shamsher Hasan
Siddharth
Rohit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
