Allowed

Salman and 6 Others v. State of U.P.

Allahabad HC13 Feb 2018BAIL/1078/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 1078 of 2018, the Court considered bail for seven applicants charged with affray, unlawful assembly, and attempt to murder. Balancing the severity of charges against custody duration and witness issues, the Court granted bail on a personal bond with sureties.

What did the court decide?

Applicants released on bail by furnishing a personal bond and two sureties each.

Salman and 6 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1078 of 2018

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Applicant :- Salman And 6 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Counter affidavit filed today is taken on record.

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Heard learned counsel for the applicants and learned AGA for the State, and perused the record.

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According to prosecution case, FIR was lodged against nineteen persons including accused applicants alleging that on 2.6.2017 they armed with 'lathidanda' & pistols came and shot fire indiscriminately; Tahir, Irfan, Ajim, Kalim and Jubair received injuries. Jubair received one injury on head which is grievous in nature and all injuries of other injured are simple in nature.

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It is submitted by learned counsel for the applicants that the applicants are languishing in jail since 12.12.2017(more than two months); applicants Kalu, Haseeb & Ibrahim have one criminal case against them and rest applicants have no criminal history; there is cross case being Case Crime No.235 of 2017 under Sections 147, 148, 149, 307, 323, 504, 506 IPC and in that case Lallu, Salman, Islam, Tasleem, Alauddin, Salim, Salaman and Parvez received injuries including firearm injuries; there was no independent witness; at this stage, it is not possible to decide who was aggressor; in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.

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On the other hand, learned A.G.A. opposed the prayer for bail and admitted that seven co-accused have already been enlarged on bail by coordinate Bench of this Court;

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let applicants Salman, Bhura, Mohd. Irfan, Ibrahim, Kalu, Haseeb and Mohd. Farukh involved in Case Crime No.236 of 2017, under Sections 147, 148, 149,323, 307 IPC, Police Station Deorania, District Bareilly be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 13.2.2018 P.P.

Salman and 6 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Salman and 6 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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