Saddam v. State of U.P.
Case brief
What is this about?
The Learned Single Judge allowed the bail application of Saddam under Sections 379 and 411 IPC, noting his lack of criminal history and the period of custody, subject to standard conditions.
What did the court decide?
Release of applicant on bail on furnishing a personal bond and two sureties each, subject to standard conditions of not tampering with evidence or pressuring witnesses.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40155 of 2018
Applicant :- Saddam Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 7.12.2018.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the present applicant alleging that with the help of Netram he had taken electric wire in the name of Engineer. Later on, Netram and the present applicant was arrested by the Police personnel and electric wire was recovered from the joint possession of Netram and Saddam. In the confessional statement of the applicant, the name of Rehan was also surfaced.
Learned counsel for the applicant submitted that applicant is languishing in jail since 15.9.2018 (more than two and half months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; recovery was planted by the Engineer; no identification parade of person and property was conducted; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail considering the facts of the case and the period of custody.
Whether the bail conditions can be properly framed for the applicant's release.
Parties & counsel
- applicant
Saddam
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/40155/2018
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