This Criminal Miscellaneous Bail Application was heard by the Allahabad High Court. The court granted bail to the applicant, Hasmukh, accused in an attempt to murder case, subject to strict conditions regarding court attendance and non-tampering with evidence.
Applicant released on bail by furnishing a personal bond and two local sureties of the like amount.
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Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22890 of 2020
Applicant :- Hasmukh Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Mishra,Rajiv Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State, Mohd Bilal, learned counsel for the informant and perused the material placed on record.
It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. It is next submitted that in the FIR, role of stabbing has been assigned to co-accused Islam and same version has also been repeated in the statement of injured where he clearly stated that applicant has only role of hitting by his foot. Applicant is having no criminal history. He is languishing in jail since 22.6.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Mohd Bilal, learned counsel for the informant as well as learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Hasmukh , involved in Case Crime No. 229 of 2020, under Sections- 307, 120-B, 504, 506 IPC, Police Station- Dhaulana, District- Hapur be released on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 10.9.2020
Junaid
Digitally signed by Justice Neeraj Tiwari Date: 2020.09.10 13:45:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, falsely implicated in offences under Sec. 307, 120-B, 504, 506 IPC, warrants release on bail subject to conditions.
5 provisions across 2 enactments
Hasmukh
State of U.P.
Neeraj Tiwari
As recorded by the court registry
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