The Court granted bail in a criminal matter under Sections 420 and 406 IPC. Finding it a fit case despite the final report, the Court allowed the prayer for bail, citing the enlargement of a co-accused and the applicant's clean record.
Applicant allowed bail on furnishing a personal bond and two sureties of the like amount.
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. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8435 of 2018
Applicant :- Mohd. Ahasan Opposite Party :- State Of U.P. Counsel for Applicant :- Ashwini Kumar Srivastava Counsel for Opposite Party :- G.A.,Uttar Kumar Goswami
Hon'ble Umesh Chandra Tripathi,J.
On several previous occasions, the case was repeatedly adjourned on the illness of Sri Uttam Kumar Goswami, learned counsel for opposite party.
Today again Sri Uttam Kumar Goswami has sent his illness. But today, the case shall not be adjourned and the applicant would not be left to suffer by dint of dilatory tactics of the counsel for opposite party.
Heard Sri A.K. Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application has been filed on behalf of the applicant with a prayer to enlarge the applicant on bail in Case Crime No. 866-C of 2009, under Sections 420 and 406 of the Indian Penal Code, Police Station - Seohara, District - Bijnore.
Learned counsel for the applicant contended that after investigation, the police submitted charge-sheet against coaccused Aqaram, who was enlarged on bail vide order of this Court dated 20.12.2010 passed in Criminal Misc. Bail Application No. - 34868 of 2010 (Aqaram v. State of U.P.). The applicant has been summoned on application under Section 319 of the Code of Criminal Procedure. The police has submitted final report against the applicant. Moreover, the applicant has no criminal antecedents.
Per contra, learned A.G.A. has opposed the prayer for bail. However, he admitted this fact that charge-sheet has been filed against co-accused Aqaram and the police has submitted F.R. against the applicant.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
In view of above, the instant bail application is allowed.
Let the applicant - Mohd. Ahasan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 5.7.2018 I. Batabyal
2 issues framed by the court
Whether bail should be granted to the applicant given the charge-sheet against co-accused and the final report against the applicant.
Whether the applicant's lack of criminal antecedents and the filing of charges against a co-accused constitute a fit case for bail.
2 provisions across 2 enactments
Mohd. Ahasan
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
