Osama v. State of U.P.
Case brief
What is this about?
Held that the applicant, though not named in the FIR and implicated only through police informer disclosure, may be enlarged on bail due to lack of convincing evidence and no risk of tampering, subject to strict conditions.
What did the court decide?
Released on bail on furnishing a personal bond and two sureties (one family, one local) subject to ten specific conditions regarding attendance, tampering, and harassment.
What the court decided
Neutral Citation No. - 2023:AHC:127702
Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25189 of 2023
Applicant :- Osama Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Srivastava,Ch. Dil Nisar Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
- Heard Sri Ankit Srivastava, learned counsel for the applicant and Sri Shree Krishna Tiwari, learned counsel for the State and perused the material on record.
- This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Osama , seeking enlargement on bail during trial in connection with Case Crime No. 36 of 2023, under Sections 452, 307, 394, 201, 411, 34, 120-B I.P.C., registered at Police Station- Mandi, DistrictSaharanpur.
- The first information report of the present case was lodged by Wajid Ali on 02.02.2023 against Azam and Riyaz alleging therein that his bother Shehzad after closing his workshop went on the first floor of his house and between 2-4 am was sleeping alone. His wife had gone to her maternal house. Azam and Riyaz entered the house and assaulted his brother with knives. In the morning when his brother did not come out of the room, the workers who were living in the adjacent room came there and found him lying in a pool of blood, they informed him through mobile after which he came there and found his brother in an unconscious state. They have taken the DVR with them. Azam and Riyaz are seen entering in the room as per the CCTV footage of the neighbours. His brother has received serious injuries on his body.
Issues for consideration
1 issue framed by the court
Whether the applicant, omitted from the first information report and implicated only later, should be granted bail.
Parties & counsel
- applicant
Osama
- respondent
State of U.P.
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/25189/2023
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