Allowed

Usman Banjara v. State of U.P.

Allahabad HC25 Jan 2022BAIL/470/2022

Case brief

AI extract

What is this about?

The High Court discharged the applicant on bail in a criminal matter involving grievous hurt and an attempt to commit murder. The court held that despite criminal antecedents, a case for bail was made out, imposing personal bond and sureties along with standard conditions to prevent tampering with evidence or intimidation. No comment was made on the merits of the case.

What did the court decide?

Application allowed; applicant released on bail on executing personal bond and two reliable sureties subject to specific conditions.

Usman Banjara Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 470 of 2022

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Applicant :- Usman Banjara Opposite Party :- State of U.P. Counsel for Applicant :- Hasan Abbas Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by the applicant, Usman Banjara, in Case Crime No. 286 of 2021, under Sections-307, 323 I.P.C. Police Station-Ghiror, DistrictMainpuri.

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Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

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Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 05.10.2021; he was of two criminal antecedents, wherein, he is on bail and the same has been explained in the affidavit; First Information Report was got lodged against 3-4 unknown miscreants; applicant was not named in it; his implication in this case is on the basis of confessional statement said to be made by him while being arrested in another case of police encounter, where as, no such confession was ever made nor applicant is concerned with this occurrence; injury too, was said to be in lower limb and it was by firm arm shot by some one after some quarrel entered in between; it is not an assault with the intention to kill him, moreso, applicant is of no concern with it; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.

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Learned AGA has vehemently opposed bail with this contention that the applicant is of seven criminal antecedents and only two have been explained by him.

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Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly

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allowed.

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Let the applicant, Usman Banjara , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

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The computer generated copy of such order shall be self attested by counsel of the party concerned.

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The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 25.1.2022 Deepak/

Usman Banjara v. State of U.P.

Case brief

What is this about?

What did the court decide?

Usman Banjara v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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