Intezar v. State of U.P.
Case brief
What is this about?
The High Court granted bail to Intezar, an accused in a criminal case involving sections 279, 304A, 420, and 120B IPC, who was falsely implicated and had no prior criminal history.
What did the court decide?
Bail granted on personal bond and two sureties subject to conditions not to commit crime, tamper with evidence, or harass witnesses.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 522 of 2020
Applicant :- Intezar Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant namely Intezar with a prayer to enlarge him on bail in Case Crime No.210 of 2018, under Sections 279, 304A, 420, 120B I.P.C., Police Station Kotwali, District Shahjahanpur.
From the perusal of the FIR, it appears that an accident took place by tractor in which the nephew of the informant got injured and died.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. He has further submitted that the addition of Section 420 IPC was made in the case simply because that the applicant claims himself to be the driver of the said tractor where his tractor being driven by one Mohd. Arif. He has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is languishing in jail since 20.11.2019, hence, he is entitled to bail.
Issues for consideration
1 issue framed by the court
Whether the applicant, accused in a case involving negligence and cheating, is eligible for bail pending trial after a charge sheet has been filed.
Parties & counsel
- applicant
Intezar
Coram
Pradeep Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/522/2020
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