In a bail application filed under section 439 CrPC in a case under sections 302 IPC, the applicant, an accused, was granted bail on the basis of his innocence and likelihood of cooperating in the trial.
Applicant released on bail on furnishing personal bond and two sureties subject to conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26226 of 2022
Applicant :- Syed Taavis Hussain @ Rihaan Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.150 of 2022, registered under Sections 395, 412 I.P.C., Police Station PhaseII, District Gautam Buddh Nagar during pendency of the trial.
As per prosecution case, four unknown persons have snatched the bag of money after assaulting the informant by lathi on his head.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The FIR has been lodged against two unknown persons. The applicant's name surfaced on the basis of statement recorded of one co-accused, Nasir Ali @ Malik. The applicant has been dragged in the present case as the co-accused is known to him. The applicant was not involved in the alleged crime and has no concern with the present case. The applicant has no previous criminal antecedents. The applicant is languishing in jail since 18.04.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Syed Taavis Hussain @ Rihaan, who is
involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 9.9.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.09.09 17:02:30 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the maintenance of his innocence and cooperation in the trial.
Whether the defamation and injury to a habitual offender committed by the accused in the impugned order are significant in the present case.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
(2018) 3 SCC 22 · Who else cites this
Syed Taavis Hussain
Deepak Verma
As recorded by the court registry
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