Court granted bail to Hasim, an accused in a cheating and SC/ST offence case, on a personal bond with two sureties, subject to standard conditions regarding court appearance and non-tampering with evidence, citing lack of evidence and no criminal history.
Released on bail with personal bond and two sureties subject to conditions of attendance and non-harassment.
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Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18974 of 2019
Applicant :- Hasim Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjeev Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has submitted that F.I.R. was registered against the accused-applicant Hasim on the basis of an application given under section 156(3) Cr.P.C. It has been said that the accused-applicant has been falsely implicated in the present case and further investigation shows that there was no evidence available against the accused-applicant. He has further submitted that the statement of the doctor given to the Investigating Officer also shows that the injuries were simple in nature which were found on the body of the injured. Learned counsel for the applicant also submitted that the applicant has no criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 01.04.2019 and undertakes that he will not misuse the liberty of bail, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against the applicant, severity of punishment to be awarded in case of conviction and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Hasim be released on bail in Special Session Trial No. 241 of 2018, Case Crime No. 72 of 2017, under Sections 419, 420, 406, 323, 504, 506 I.P.C. and section 3(1)10 SC/ST Act, P.S. Kolhui, District Maharajganj, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date 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.
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.
Order Date :- 6.5.2019 /Bhanu
3 issues framed by the court
Whether bail should be granted to the applicant in alleged offences under Sections 419, 420, 406, 323, 504, 506 IPC and Section 3(1)(10) SC/ST Act.
Whether the undertaking not to tamper with evidence or flee justifies release on personal bond and sureties.
What conditions must be imposed on bail granted to the applicant.
2 provisions across 2 enactments
Hasim
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
