Mohammad Ahmad vs State Of U.P.
2016 Latest Caselaw 3125 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12189 of 2015
 

 
Applicant :- Mohammad Ahmad
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Abhay Raj Singh,Rajneesh Kumar Srivastava
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Kaushal Jayendra Thaker,J.

Even in the 4th round, the learned counsel for the applicant is remained absent. The accused is in jail since 8.10.2014.

The accused is facing trial under sections 308, 323/504 IPC, Police Station Bhamora, District Bareilly, as the maximum punishment under section 308 of IPC is three years and he is in  Jail since 8.10.2014. 

It is next contended in the application that the applicant does not have any criminal history and he has been falsely implicated in the present case due to ulterior motive.  It is next contended in the application that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended in the application  that the applicant is in jail since 8.10.2014 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Mohammad Ahmad involved in case crime No.739 of 2013, under Sections 308, 323/504  IPC, Police Station, Bhamora, District Bareilly  be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction  of court concerned on the following conditions that:-

1.   The applicant shall not tamper with the prosecution evidence;

2.  The applicant shall not pressurize the prosecution witnesses;

3.  The applicant shall appear on the date fixed by the trial court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 27.5.2016

IB