Naushad v. State of U.P.
Case brief
What is this about?
Single Judge Court granted bail to Naushad accused under Sections 307 and 506 IPC, directing the trial court to expedite proceedings within six months.
What did the court decide?
Granted bail by inmate on personal bond with two sureties, directed trial to conclude within six months.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3499 of 2018
Applicant :- Naushad Opposite Party :- State Of U.P. Counsel for Applicant :- Kumar Dhananjay Counsel for Opposite Party :- G.A.,Rajeev Kumar Rai
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. The alleged injury caused to the victim is not dangerous to life. The victim was admitted in the hospital on 14.8.2017 and was discharged from their on 19.8.2017. It has also been submitted that the applicant is languishing in jail since 19.8.2017. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Naushad involved in Case Crime No. 459 of 2017 under Sections 307 and 506 IPC, Police Station Murad Nagar, District Ghaziabad be released on bail 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:-
Issues for consideration
2 issues framed by the court
Whether the applicant should be granted bail in the non-bailable offence of attempted murder and criminal conspiracy.
Whether the fear of tampering with witnesses justifies the grant of bail given the severity of the charges.
Parties & counsel
- applicant
Naushad
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/3499/2018
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