Allowed

Hasnain Hasan v. State of U.P.

Allahabad HC19 Sept 2023BAIL/5811/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 5811 of 2023, the Allahabad High Court enlarged the applicant on bail from custodial detention in a case under Section 498-A IPC and others. The court found no convincing material regarding tampering and imposed standard bail conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two heavy local sureties subject to standard conditions.

Hasnain Hasan Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:180961

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5811 of 2023

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Applicant :- Hasnain Hasan Opposite Party :- State of U.P. Counsel for Applicant :- R.P. Mishra,Arvind Agrawal Counsel for Opposite Party :- G.A.,Dileep Kumar Yadav

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Hon'ble Dr. Gautam Chowdhary,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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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that general and omnibus allegations have been leveled against the applicant. There is no specific allegation against the applicant. He further submits that the deceased died due to serious illness. No mark of physical violence was found in medical examination. He next submits that the cause of death ascertained due to multi failure of organs which corroborated with the statement of P.W.-1 recorded before the trial court, in which he stated that he was not aware of that fact. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 25.06.2022, having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the

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absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view, that the applicant may be enlarged on bail.

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Let applicant - Hasnain Hasan involved in Case Crime No.48 of 2022, under Sections 323, 504, 506, 498-A, 304-B I.P.C., Section 3/4 D.P. Act and Section 3/4 Muslim Marriage Act, Police Station - Khairgarh, District Firozabad, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

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The bail application is allowed .

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Order Date :- 19.9.2023 Atul

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Hasnain Hasan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Hasnain Hasan v. State of U.P.

Case brief

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