The High Court of Allahabad granted bail to an accused involved in an assault and criminal intimidation case under the IPC, requiring a personal bond and two sureties subject to court verification.
The accused is released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23785 of 2021
Applicant :- Fazar Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Meraj Ahmad Khan,Mohit Kumar Singh,Sujata Choudhary
Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard Ms Sujata Choudhary, learned counsel for the applicant and learned A.G.A. for the State and gone through the record.
This bail application has been moved on behalf of accused-applicant-Fazar Mohammad, who is involved in Case Crime No. 32 of 2021 under Sections 323, 308, 452 and 506 I.P.C., Police Station-Hafizpur, DistrictHapur.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; From perusal of injury report of the injured it is revealed that all the injuries are simple in nature except injury no.7 which is linear fracture on head. It is further submitted that similarly situated other co-accused, Tarikhat @ Shavej has already been granted anticipatory bail by this Court on 20.05.2021 in Criminal Misc. Anticipatory Bail Application No. 9461 of 2021 and co-accused,Jan Mohammad has also been granted regular bail by another Bench of this Court in Criminal Misc. Bail Application No.15836 of 2021 vide bail order dated 14.07.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 23.02.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is also entitled for indulgence.
Learned A.G.A. appearing for the State has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following
conditions that :-
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 26.7.2021
MN/-
1 issue framed by the court
Whether the applicant is entitled to bail despite pending investigation and charges under sections 323, 308, 452 and 506 I.P.C.
Fazar Mohammad
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
