Allowed

Usman v. State of U.P.

Allahabad HC7 Sept 2018BAIL/34141/2018

Case brief

AI extract

What is this about?

This court granted bail to the applicant in a murder case under Section 307 IPC. The judge referred to the larger mandate of Article 21 and a Supreme Court dictum to allow the release on bail subject to sureties without expressing an opinion on the merits of the case.

What did the court decide?

Released on bail in Case Crime No. 166 of 2018 on furnishing a personal bond and two sureties by the order date 7.9.2018.

Usman Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34141 of 2018

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Applicant :- Usman Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

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The submission of learned counsel for the applicant is that applicant is falsely implicated in the present case due to ulterior motive. It is further submitted that there are cross version of the incident. Both sides have received injuries. Injuries found on the body of the injured were simple in nature. There is no independent witness of the alleged incident. Nothing incriminating has been recovered from the possession of the applicant. It is also submitted that as per statement of injured role of firing has been assigned to another co-accused namely Israr. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 23.07.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Let applicant Usman be released on bail in Case Crime No. 166 of 2018, under Section 307 IPC, Police Station- Haldaur, District- Bijnor on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 7.9.2018 Arti

Usman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Usman v. State of U.P.

Case brief

What is this about?

What did the court decide?

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