Usman v. State of U.P.
Case brief
What is this about?
Hon'ble Suresh Kumar Gupta, J. dismissed the bail application of Usman by granting bail. The court held the applicant entitled to bail, releasing him on a personal bond and two sureties subject to conditions regarding presence and conduct.
What did the court decide?
Release of applicant Usman on bail by furnishing a personal bond and two local sureties of the like amount.
What the court decided
Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1972 of 2019
Applicant :- Usman Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Sisodia,Virendra Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.364 of 2016, under Sections 147, 148, 307, 323 I.P.C., Police Station Bhopa, District Muzaffar Nagar.
It has been argued by learned counsel for the applicant that it is a case of false implication of the applicant. It has been contended that all the co-accused have been granted bail from Session Court but due to criminal history, the applicant has not been granted bail from Session Court. It is next contended that the FIR against the applicant was lodged by one Sub Inspector of Police although there is criminal history against the applicant. But, in all case, applicant has got bail. All the cases as mentioned in criminal history is due to personal grudge and partibandi applicant never convicted in any case mentioned in criminal history. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also submitted that the applicant is languishing in jail since 04.10.2018.
Issues for consideration
2 issues framed by the court
Whether the applicant Usman is entitled to be released on bail in the pending criminal trial.
Whether the criminal history of the applicant is relevant to deny bail when co-accused have been granted bail.
Parties & counsel
- applicant
Usman
Coram
Suresh Kumar Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/1972/2019
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