The Single Judge allowed a bail application for an accused charged with murder and other offences, finding that he has no criminal history and making a case for release.
The applicant was released on bail upon furnishing a personal bond and two sureties based on the satisfaction of the court.
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. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45294 of 2018
Applicant :- Hassan Alias Hasan Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri K.K. Yadav, learned counsel on behalf of informant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against four persons namely, Aiysa, Hassan, Nasru and Smt. Meena alleging that on 10.5.2018 they assaulted Shakir inside the house by kicks and fists. He received one head injury and died resultantly.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 13.5.2018(more than six and half months) having no criminal history. He has been falsely implicated. Co-accused Meena has already been enlarged on bail by coordinate Bench of this Court vide order dated 1.11.2018 passed in Criminal Misc. Bail Application No.41047 of 2018 (Bail order produced is taken on record). General role is alleged to have been attributed to all the accused. There is no independent witness. It is not clear as to who has caused fatal injury. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Hassan alias Hasan involved in Case Crime No.140 of 2018, under Section 302,147, 323, 506 IPC, Police Station Shikarpur, District Bulandshahar be released on bail on
furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 5.12.2018 P.P.
2 issues framed by the court
Whether the applicant who is languishing in jail for more than six and a half months with no criminal history should be granted bail.
Whether the applicant has made out a prima facie case for bail.
1 provisions across 1 enactments
Hassan Alias Hasan
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
