Allowed

Mohd. Hasim v. State of U.P.

Allahabad HC16 Nov 2019BAIL/49625/2019

Case brief

AI extract

What is this about?

This court dismissed the bail application advocates as it allowed the bail application of Mohd. Hasim in a criminal case under Sections 394 and 411 IPC. The applicant was released on bail with conditions including non-interference with witnesses and a directive for the trial to conclude within one year.

What did the court decide?

Applicant Mohd. Hasim released on bail with personal bond and two sureties, subject to specific conditions.

Mohd. Hasim 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. - 49625 of 2019

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Applicant :- Mohd. Hasim Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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

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Accused-applicant, involved in Case Crime No.466 of 2019, under Sections 394, 411 I.P.C., Police Station Bilhaur, District Kanpur Nagar, applied for bail.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case; he has committed no offence; prosecution story is false and fake. It has further been submitted that the applicant is not named in the F.I.R. but his name came into light during investigation. It is further contended that nothing has been recovered from the possession of the applicant. The recovery of alleged truck shown by the police from the applicant is false and fake. There was no public witness of recovery of alleged truck on the place of occurrence. He further pointed out that co-accused Farman Hussain has already been granted bail by this Court vide order dated 11.11.2019 in Criminal Misc. Bail Application No. 42368 of 2019. Applicant is in jail since 31.8.2019. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed .

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Let applicant Mohd. Hasim be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities or case.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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However, it is provided that Trial Court shall proceed the trial in view of Section 309 Cr.P.C., expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. In case, trial is not decided in the stipulated time, Trial Court shall inform this Court explaining entire circumstances and seek further time, otherwise it shall be treated as disobedience of the order of this Court.

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Order Date :- 16.11.2019 Manoj

Mohd. Hasim v. State of U.P.

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Mohd. Hasim v. State of U.P.

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