Allowed

Ali Hasan v. State of U.P.

Allahabad HC25 Jan 2019BAIL/3512/2019

Case brief

AI extract

What is this about?

The Court allowed the bail application of Ali Hasan, involved in a murder and injury case. Granting bail vide discharging no say as the applicant is case is identical to a co-accused already granted bail, the applicant has no criminal history, and the period of custody exceeded eight months. Bail is subject to standard conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties with conditions against tampering, intimidation, and absconding.

Ali Hasan Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3512 of 2019

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Applicant :- Ali Hasan Opposite Party :- State Of U.P. Counsel for Applicant :- Mahesh Narain Singh,M.N. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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This case has been assigned by The Ho'ble The Chief Justice vide order dated 25.01.2019.

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Heard Sri Mahesh Narain Singh, learned counsel for the applicant, Sri P.K. Srivastava, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged on 8.5.2018 after one day of the incident against four accused persons, namely, Navi Hasan, Ali Hasan, Abdulla and Salim alleging that on 7.5.2018 they assaulted Sharif Ahmad. He received nine injuries- one is on head and due to that injury he died.

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Learned counsel for the applicant submitted that co-accused Navi Hasan has been enlarged on bail by co-ordinate Bench of this Court vide order dated 18.12.2018 in Criminal Misc. Bail Application No. 48305 of 2018 and the case of the applicant is identical to the case of co-accused, who has been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity; applicant is languishing in jail since 20.5.2018 (more than eight months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case; assault by iron rod was specifically assigned to co-accused Navi Hasan and assault by sword was assigned to present applicant but no injury of incised wound was found on the body of the deceased; no offence under Section 302 I.P.C. is made out against the applicant; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and also admitted that the case of the present applicant is identical to the case of co-accused Navi Hasan, who has been enlarged on bail

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody,

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gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Ali Hasan involved in Case Crime No. 0212 of 2018, under Section 302, 307, 323, 504, 452 IPC, Police Station-C.B. Ganj, District-Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 25.1.2019 OP

Ali Hasan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ali Hasan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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