Allowed

Amiruddin and Another v. State of U.P.

Allahabad HC20 Sept 2019BAIL/45808/2017

Case brief

AI extract

What is this about?

This single Judge granted bail in a bail application where prosecution witnesses, including the first informant and the deceased's brother, were declared hostile. The court held that on account of subsequent developments, a prima facie case for bail was made out and granted relief on personal bond and sureties.

What did the court decide?

Bail granted to applicants Amiruddin and Smt. Jahnara on execution of personal bond and furnishing two sureties each.

Amiruddin and Another Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45808 of 2017

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Applicant :- Amiruddin And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeep Kumar,Anup Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Heard Sri Ranjeet Asthana,learned counsel for the applicants and Sri Mithlesh Kumar learned AGA for the State.

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Applicants have moved the present third bail application seeking bail in Case Crime No. 243 of 2016 u/s 323, 504, 506, 304B, 498A, 316 IPC and 3/4 DP Act PS Shyamdeurwan District Maharajganj. The first and the second bail applications of the applicants were rejected by this Court vide orders dated 25.1.2017 and 1.9.2017 respectively.

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Contention of the learned counsel for the applicants is that subsequent to the rejection of earlier bail applications the first informant has been examined as PW-1 and he has been declared as hostile. Similarly, two other witnesses have been examined as PW-2 and PW-3 and they both too have been declared as hostile. Even the brother of the deceased has been examined as PW-4, who too has been declared as hostile. Copies of the statements of the witnesses have been annexed with the supplementary affidavit dated 18.8.2018. Further, reliance has been placed on the report of the Panchayatnama where the Panches have opined that it was found that room was locked from inside where the incident has taken place and it was thereafter the door was broken and body was taken out. Contention is that applicants are in jail since 29.7.2016 and in case they are released on bail, they will not misuse the said liberty.

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Learned AGA has opposed the bail application of the applicant.

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In view of the subsequent development, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.

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The prayer for bail is granted. The application is allowed.

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Let the applicants namely Amiruddin and Smt. Jahnara involved in the aforesaid case crime number be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses.

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iii) The applicants shall appear on the date fixed by the trial court.

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iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.

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

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In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.

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Order Date :- 20.9.2019 SP

Amiruddin and Another v. State of U.P.

Case brief

What is this about?

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Amiruddin and Another v. State of U.P.

Case brief

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