Allowed

Mohd. Usman v. State of U.P.

Allahabad HC23 Oct 2019BAIL/39563/2019

Case brief

AI extract

What is this about?

The Hon'ble Judge granted bail to applicant Mohd. Usman during the trial for offences under Section 121A IPC and The Specified Bank Notes (Cessation of Liabilities) Act, 2017, considering the applicant was already on bail for related charges and had no prior criminal history.

What did the court decide?

Release on bail on executing a personal bond and furnishing two sureties in like amount subject to conditions.

Mohd. Usman Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39563 of 2019

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Applicant :- Mohd. Usman Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjeev Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 454 of 2018, under Sections 121A I.P.C. and Section 5/7 The Specified Bank Notes (Cassation of Liabilities) Act, 2017, P.S. Kotwali, district-Mau, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant submitted that earlier the accused was granted bail under Sections 489A, 489B and 489C I.P.C. in Case Crime no. 554 of 2018. During investigation sections 121A and Section 5/7 The Specified Bank Notes (Cessation of Liabilities) Act, 2017 was also added. After completion of investigation chargesheet was submitted by the Investigating Officer showing commission of offences under Sections 121A and Section 5/7 The Specified Bank Notes (Cessation of Liabilities) Act, 2017 against the applicant and the learned lower court has rejected the bail application of the applicant under Sections 121A and Section 5/7 The Specified Bank Notes (Cessation of Liabilities) Act, 2017 vide order dated 26.6.2019 as in the main sections the applicant has already been enlarged on bail by this Court vide order dated 23.7.2019. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 6.10.2018 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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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22, considering the punishment (is only Rs. 10,000/-_ under Section 5/7 The Specified Bank Notes (Cassation of Liabilities) Act, 2017 and without expressing any opinion on the merits

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of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Mohd. Usman involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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Order Date :- 23.10.2019 Faridul

Mohd. Usman v. State of U.P.

Case brief

What is this about?

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Mohd. Usman v. State of U.P.

Case brief

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