Allowed

Hazra v. State of U.P.

Allahabad HC7 Jan 2022BAIL/51012/2021

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Hazra for release on bail in a case registered under IPC sections regarding kidnapping and cheating. The court allowed bail applying section 437 CrPC, noting parity with co-accuses already on bail and mandating conditions.

What did the court decide?

Release of the applicant on furnishing personal bond and two sureties subject to conditions regarding tampering with evidence, cooperation in trial and commission of crime.

Hazra Vs State of U.P. — Corruption | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51012 of 2021

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Applicant :- Hazra Opposite Party :- State of U.P. Counsel for Applicant :- R.K Singh Gaharwar Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.370 of 2021, registered under Sections 363, 311, 120-B, 370(5) I.P.C., Police Station- Gandhi Park, District- Aligarh during pendency of trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The FIR was lodged against unknown persons. He further submitted the name of the applicant surfaced on the confessional statement of co-accused, namely, Gulfasa @ Gulloo. He further contended that co-accused, namely, Chandni @ Rajkumari and Ruksar have been granted bail by the coordinate Bench of this Court in Criminal Misc. Bail Application Nos.44722 of 2021 & 47929 of 2021 vide orders dated 02.11.2021 & 11.11.2021 and the applicant having the same role is also entitled to bail on the ground of parity. The applicant is languishing in jail since 26.07.2021. In case, the applicant is released on bail, she will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant, however, he could not dispute the aforesaid aspects of the case including that co-accused have already been enlarged on bail by this Court.

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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 as also taking note of the fact that co-accused have already been enlarged on bail by this Court, this Court is of the view that the applicant has made out a case for bail. The bail

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application is allowed .

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Let the applicant, Hazra , who is involved in the aforesaid case crime, be released on bail on her 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.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. He also stated that the children were recovered from the possession of Babli.

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Order Date :- 7.1.2022 Arun/-

Hazra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Hazra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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