Hamid @ Munna vs State Of U.P.
2014 Latest Caselaw 8023 ALL

Citation : 2014 Latest Caselaw 8023 ALL
Judgement Date : 5 November, 2014

Allahabad High Court

Hamid @ Munna vs State Of U.P. on 5 November, 2014

Bench: Rajesh Dayal Khare




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35958 of 2014
 

 
Applicant :- Hamid @ Munna
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Vinod Tripathi,Manoj Tripathi
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Applicant- Hamid @ Munna seeks bail in Case Crime No.103 of 2013, under Sections 147,148,149,160, 307,323,325,504,506 IPC and 7 Criminal Law Amendment Act, Police Station Heempur, District Bijnor.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

It is argued by the learned counsel for the applicant that more or less similarly placed co-accused Liyaqat Ali and Indrees and Anwar have been granted bail by coordinate Benches of this Court on 17.12.2013 and 20.12.2013 vide Criminal Misc. Bail Application Nos.38447 of 2013 and 39093 of 2013. Thus the applicant, being in jail since 21.1.2014 also deserves to be released on bail.

The bail is, however, opposed by the learned A.G.A.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

Without expressing any opinion on the merits of the case, let the abovementioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. He will cooperate in the trial bonafidely without seeking adjournments.

3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 5.11.2014

M.A.A.