Hasim v. State of U.P.
Case brief
What is this about?
High Court Court No. 70 granted bail to applicant Hasim accused under IPCSections 420, 467, 468, 471 without expressing opinion on merits, citing pandemic constraints and Dataram Singh dictum.
What did the court decide?
Applicant released on personal bond and two sureties subject to conditions preventing tampering and ensuring trial conclusion within one year.
What the court decided
Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8417 of 2020 Applicant :- Hasim Opposite Party :- State of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.,R.S. Maurya
Hon'ble Siddharth,J.
Heard Sri J.B. Singh, learned counsel for the applicant, Sri R.S. Maurya, learned counsel for the informant and learned A.G.A for the State.
Despite time granted to the learned A.G.A and counsel for the informant on 27.08.2020 no counter affidavit has been filed. Time was earlier also granted to the learned A.G.A to file counter affidavit.
One FIR has been lodged against the applicant by Shahid Khan alleging that the applicant has taken money of number of persons on the promise of providing houses and flats from District Urban Development Authority (DUDA). He also promised to provide E-ricksaw to number of persons and taken Rs. 50,000/- to 60,000/- for the same. There is allegation in the FIR is that the applicant has taken different amounts from number of persons on the promise of providing them aforesaid goods.
Counsel for the applicant has submitted that the allegations in the FIR are absolutely false. He has been falsely implicated by a single informant and none of the other persons mentioned in the FIR have made any complaint or lodged any FIR against him. He has submitted that the persons mentioned in the FIR had themselves applied for allotment of houses before District Urban Development Authority (DUDA) and the applicant has been falsely implicated in this case. After implication the police has recorded the statement of the informant wherein he has repeated the allegations made in the FIR. The applicant is in jail since 04.10.2019 and has no criminal history to his credit.
Issues for consideration
3 issues framed by the court
Whether bail is proper in the instant case considering the nature of offence and likelihood of spread of virus in jails.
Whether the applicant is entitled to bail under Article 21 of the Constitution of India.
What conditions should be imposed while granting bail to the applicant.
Parties & counsel
- applicant
Hasim
- respondent
State of U.P.
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/8417/2020
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