Hon'ble Siddharth, J. granted bail to applicant Saleem in Case Crime No. 523 of 2018 involving Sections 457, 380, 411 IPC. Application relied on Dataram Singh Vs. State of U.P. Case allowed with conditions to prevent evidence tampering and require cooperation in trial.
Released on bail by furnishing personal bond and two sureties complying with specified conditions.
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Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29227 of 2018 Applicant :- Saleem Opposite Party :- State Of U.P. Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Saleem with a prayer to release him on bail in Case Crime No. 523 of 2018, under Sections 457, 380, 411 IPC, Police Station Jani, DistrictMeerut. during pendency of trial.
The allegation against the applicant is that he has been found with stolen buffalo. The applicant has been falsely implicated in the present case with some ulterior motives. The applicant is languishing in jail since 19.6.2018, He does not have any criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Saleem involved in the 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 :-
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 :- 3.8.2018
Ruchi Agrahari
3 issues framed by the court
Whether the applicant Saleem should be granted bail in the undertrial case.
Whether conditions can be imposed to prevent tampering with evidence upon bail.
Whether the applicant needs to furnish a personal bond and sureties for bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherRelied on¶6
Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Saleem
Siddharth
As recorded by the court registry
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Siddharth
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