Kamran v. State of U.P.
Case brief
What is this about?
This order grants bail to the applicant Kamran, an accused in a murder case, after noting that co-accused were already released. Conditions of bail were imposed to prevent tampering with evidence and witness intimidation.
What did the court decide?
Release on bail upon furnishing personal bond and two sureties, subject to standard conditions.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2427 of 2019
Applicant :- Kamran Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Daga,Abhishek Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama has already been filed by Sri S.U.Khan, Advocate on behalf of complainant in the registry.
Supplementary affidavit filed today is taken on record.
Heard Sri Amit Daga, learned counsel for the applicant, Sri S.U. Khan, learned counsel for the complainant as well as Sri Pankaj Rai, brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 21.3.2018 against four accused persons, namely Kamran, Anees, Salman and Sohel @ Sunil alleging that on 20.3.2018 they assaulted Raja and threw into the well, resultantly died. Cause of death is drowning.
It is submitted by learned counsel for the applicant that coaccused namely Salman, Suhel Khan @ Sunil and Anees have already been granted bail by co-ordinate Bench of this Court vide order dated 10.12.2018, 17.12.2018 and 19.12.2018 in Criminal Misc. Bail Application No. 43044 of 2018, 47841 of 2018 and 48750 of 2018, since the role of the applicant is not distinguishable with the role of coaccused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 12.4.2018 (more than nine months) criminal history of seven case has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant Kamran is entitled to bail in a murder case where co-accused have already been granted bail.
Whether the applicant's criminal history has been properly explained for bail purposes.
Parties & counsel
- applicant
Kamran
- respondent
State Of U.P.
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/2427/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court