This bail application was allowed. The High Court directed the release of the applicant on personal bonds and two sureties, citing the existence of a civil dispute between the parties and the prior bail of a co-accused.
Applicant Murlasleen alias Bholu released on bail on personal bond and two sureties of Rs.25,000 each.
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Neutral Citation No. - 2023:AHC:208121
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43566 of 2023
Applicant :- Murasleen Alias Bholu Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The FIR in question was lodged alleging that the accused named in the FIR and three unknown persons threatened the complainant and demanded Rs.5/- lac, failing which, they will murder her daughters.
3 . The Counsel for the applicant argues that a civil dispute is going on in between the informant and one of the co-accused Mohd. Fahim Khan, in which, the applicant is helping Mohd. Fahim and thus, he has been falsely implicated in this case. It is further argued that the co-accused Chand Ali has been enlarged on bail vide order dated 05.09.2023 by the lower court.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the fact that the co-accused has been enlarged on bail by the learned Magistrate and there is a history of civil litigation in between the parties, the criminal history of the applicant has been duly explained in paras 17 to 20 and for the reasons recorded above, I am of the view that the applicant is entitled to be released on bail.
6. Accordingly, the bail application is allowed .
7. Let the applicant Murasleen alias Bholu be released on bail in FIR/ Case Crime No.17 of 2023, under Sections 384, 504, 506 IPC, Police Station Colonelganj, District Kanpur Nagar on his furnishing personal bonds and two reliable sureties of Rs.25,000/each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 31.10.2023 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail given the existence of a civil dispute and co-accused being on bail.
Murasleen Alias Bholu
Pankaj Bhatia
Ashok Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
