Allowed

Saddam v. State of U.P.

Allahabad HC25 Jan 2019BAIL/3554/2019

Case brief

AI extract

What is this about?

In a bail application under Sections 302 and 201 IPC regarding a murder, the court observed that while there was bloodstained evidence against the applicant, his lack of criminal history and the absence of motive led to the conclusion that he had made out a case for bail.

What did the court decide?

Applicant to be released on bail on furnishing a personal bond and two sureties subject to various conditions.

Saddam Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3554 of 2019

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Applicant :- Saddam Opposite Party :- State Of U.P. Counsel for Applicant :- M J Akhtar,Sri V.M.Zaidi, Sr.Adv. Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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This case has been assigned by the Hon'ble The Chief Justice vide order dated 25.1.2019.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

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According to prosecution case, FIR was lodged against unknown alleging that Sarfaraj(brother of first informant) was killed and his dead body was found on 29.10.2018 from the drain in a plastic sack. According to postmortem report, he died due to shock and Haemorrhage as a result of three antemortem injuries(two incised wounds one on neck and another on stomach; and one contusion). Later on, names of Saddam, Saleem and Chhota Salim were disclosed and it was found that due to enmity with Saleem, this incident was done by three accused. One knife was recovered from the possession of Saleem and one bloodstained 'Mugdar' from the possession of applicant.

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It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 9.11.2018(about two and half months) having no criminal history. He has been falsely implicated. There is no motive against the applicant. He is not named in the FIR. Recovery is shown falsely by the police to show their good work. According to statement of Sajid, all accused persons alongwith deceased had consumed wine and tea. Later on, the incident was done. There is neither eyewitness account nor any independent witness of the incident. There is no public witness for the recovery. In case applicant is released on bail, he 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 but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity

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of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let applicant Saddam involved in Case Crime No.896 of 2018, under Section 302, 201 IPC, Police Station Brahmpuri, District Meerut be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

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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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 25.1.2019 P.P.

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

What is this about?

What did the court decide?

What the court decided

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