Allowed

Banti @ Umar Ahamad v. State of U.P.

Allahabad HC22 May 2023BAIL/3214/2023

Case brief

AI extract

What is this about?

This is a bail application filed under Criminal Misc. Bail Application No. 3214 of 2023. The applicant sought release in a case involving attempted murder and criminal intimidation under IPC Sections 307 and 506. The court considered the medical reports and evidence, noting the injured party was discharged. The court held the applicant had made out a case for bail and ordered his release subject t

What did the court decide?

Bail allowed subject to furnishing a personal bond and two heavy sureties (one from family) and compliance with court conditions.

Banti @ Umar Ahamad Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:116838

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3214 of 2023

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Applicant :- Banti @ Umar Ahamad Opposite Party :- State of U.P. Counsel for Applicant :- Ram Tiwari Counsel for Opposite Party :- G.A.,Shive Datta Yadav

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed by learned counsel for the complainant is taken on record.

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Heard Sri Ram Tiwari, learned counsel for the applicant and Shive Datta Yadav, learned counsel for the complainant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.50 of 2022, under Sections 307, 506 I.P.C., P.S. Jajmau, District Kanpur Nagar.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; there was some dispute was going on between the parties with regard to money on account of which present FIR has been lodged. As per medical report the injured has sustained only one fire arm injury over left Gluteal Region with Foreign body left side measuring 30 x 10 mm in longest dimension and as per CT Scan report no bladder injury was seen and small blebs of air and collections were seen in perivesical region and injured was discharged on 2.9.2022 from the hospital. Infact the applicant has not fired upon the injured he received injuries from his own pistol; nothing has been recovered from possession of applicant; there is no independent witness of the alleged recovery. The applicant has criminal history, which has been explained in paragraph nos.21, 22 and 23 of the affidavit accompanying this bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 31.8.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned counsel for the complainant as well as learned A.G.A. have opposed the bail prayer of the applicant.

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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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the 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, Banti @ Umar Ahamad , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two heavy sureties (one should be of a family member) 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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i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 22.5.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Banti @ Umar Ahamad v. State of U.P.

Case brief

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Banti @ Umar Ahamad v. State of U.P.

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