A Single Judge of the Allahabad High Court granted bail to the accused applicant involved in a charge of culpable homicide and attempt to murder. The court found it a fit case for bail without expressing an opinion on the merits.
Applicant released on bail on personal bond and two sureties under specified conditions.
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. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24739 of 2019
Applicant :- Mohd. Haleem @ Pathan Opposite Party :- State Of U.P. Counsel for Applicant :- Madhur Prasad,Malay Prasad Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No.152 of 2014 under Sections 394, 302, 307, 120B & 411 I.P.C. Police Station Bahariya, District Allahabad.
Learned counsel for the applicant submitted that the applicant has not committed any offence as alleged in the F.I.R. He is not named in the F.I.R. His name came up in the confessional statement of other co-accused persons. Virtually, the applicant was asking for money from one Om Shankar Shukla for welding work, who instead of giving money, has got him falsely implicated in the present case. Further submission is that false recovery of 9mm pistol along with Rs. 10,000/- have been shown from the possession of the applicant. Co-accused Satish Singh, Vikas Singh and Ashish Kumar Singh have been granted bail by the co-ordinate Benches of this Court in Criminal Misc. Bail Application Nos. 4258 of 2017, 23660 of 2015 and 34756 of 2014 on 13.2.2017, 18.10.2016 and 26.3.2015 respectively. The applicant has no previous criminal history. He is in jail since 3.6.2019 and if he is granted liberty, he will not misuse the same.
Learned A.G.A. has vehemently opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Mohd. Haleem @ Pathan involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
by intimidating/pressurizing the witnesses, during the investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.6.2019 Ram Murti
3 issues framed by the court
Whether the applicant is a fit case for bail.
Whether the applicant satisfies the conditions for release on bail.
Whether grounds for grant of bail exist in the facts of the case.
1 provisions across 1 enactments
Mohd. Haleem @ Pathan
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
