Noor Hasan v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16136 of 2023 Applicant :- Noor Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Shivesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 375 of 2022 at Police Station-Bhojipura, District-Bareilly under Sections 452, 323, 504, 306 IPC. The applicant is in jail since

25.08.2022. The bail application of the applicant was rejected by the learned trial court on 15.09.2022. The following arguments made by Shri Shivesh Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1The applicant is the real brother of the first informant.

¶2The first informant was facing financial crises and his wife and daughter committed suicide on account of financial destitution.

¶3The FIR was got lodged against the applicant only to leverage the same in a dispute over a partition of joint family property.

¶4The applicant did not aid or abet the suicide.

¶5The applicant does not have any criminal history apart from the instant case.

¶6The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of her influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Noor Hasan be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 13.10.2023 Jaswant High Court of Judicature at Allahabad