Allowed

Saddam v. State of U.P.

Allahabad HC19 Jul 2019BAIL/28776/2019

Case brief

AI extract

What is this about?

This court allowed bail in a criminal case involving theft and mischief. Relying on the apex court judgment in Data Ram, the court deemed it a fit case for bail, granting relief subject to standard conditions and furnishing of sureties.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions not to tamper with evidence, threaten witnesses, or commit similar offences.

Saddam Vs State of U.P. — Anticipatory Bail | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28776 of 2019

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Applicant :- Saddam Opposite Party :- State Of U.P. Counsel for Applicant :- Inder Pal Singh Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This is a bail application on behalf of the applicant in connection with Case Crime No.432 of 2019, under Sections 395, 397, 412 IPC, P.S. Bisrakh, District Gautam Budh Nagar.

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The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case and he has not named in the FIR. He further submitted that nothing incriminating has been recovered from the possession of the present applicant. He further submitted that there is no public witness of the alleged recovery and no proper identification parade was conducted by the police. Offence is triable by the Magistrate. Lastly, he submitted that the applicant is languishing in jail since 17.5.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned AGA has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and considering the judgment of Apex Court in the case of Data Ram Vs. State of U.P. and others reported in 2018(3) SCC 22 but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed .

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Let the applicant Saddam be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 19.7.2019 Mini

Saddam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Saddam v. State of U.P.

Case brief

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