The High Court granted bail to Badshah, applicant in a case under Sections 306 and 201 IPC, regarding the death of his nephew. The court imposed stringent conditions on conduct, appearance, and prohibition of criminal activity.
Applicant enlarged on bail by executing personal bond and two sureties each.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48975 of 2020
Applicant :- Badshah Opposite Party :- State of U.P. Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri P.R. Barnawal, Advocate has filed Vakalatnama on behalf of informant, which is taken on record.
Heard learned counsel for the applicant, Sri P.R. Barnawal, learned counsel for the informant and Sri Manav Chaurasiya, learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that applicant is uncle of the deceased. The F.I.R. was lodged by police. No evidence of abatement was found except hear-say. Applicant has no criminal history and he is in jail since 23.09.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. as well as learned counsel for the informant has vehemently opposed the prayer 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- Badshah , involved in Case Crime No. 45 of 2020, under Sections- 306, 201 I.P.C., Police Station- Faridpur, District Bareilly, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the 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 :- 20.1.2021 Rmk.
2 issues framed by the court
Whether the applicant, falsely implicated and uncle of the deceased, should be granted bail under Sections 306 and 201 IPC.
Whether the conditions of bail regarding appearance, non-tampering, and cooperation with the trial can be enforced.
5 provisions across 2 enactments
Badshah
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
