Allowed

Aftab @ Hamza v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow

Allahabad HC17 Jan 2024BAIL/512/2024

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 512 of 2024, the Allahabad High Court allowed the applicant Aftab @ Hamza to be enlarged on bail in a case involving murder, hurt, and theft, considering lack of criminal history and co-accused release.

What did the court decide?

Applicant released on bail by furnishing personal bonds and two reliable sureties of the like amount each subject to standard bond conditions.

Aftab @ Hamza vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62557

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 512 of 2024 Applicant :- Aftab @ Hamza Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow Counsel for Applicant :- Shashi Kant Tripathi,Faizal Hashmi,K.K. Singh,Shreya Shukla,Vinay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The applicant seeks enlargement on bail in FIR No.270 of 2023, under Sections 302, 394, 411, 34 IPC, Police Station Masauli, District Barabanki.

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3 . It is argued by the Counsel for the applicant that the co-accused Rizwan against whom similar allegations were levelled, was enlarged on bail vide order dated 09.09.2024. It is further argued by the Counsel for the applicant that apart from the fact mentioned in the bail order of Rizwan in respect of the applicant, there is a confessional statement, which according to the applicant is not admissible in evidence.

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4 . Learned A.G.A. vehemently opposed the bail prayer.

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5. Considering the other factor being same coupled with the fact that the applicant has no criminal history and is in custody since 15.09.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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6. Let the applicant Aftab @ Hamza be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(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.

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Order Date :- 10.9.2024 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Aftab @ Hamza v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow

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Aftab @ Hamza v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow

Case brief

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