Court allowed bail to Matloob Ahmad in an IPC 364 case. Bail granted despite co-accused being at large as applicant faced no direct victim allegation and made out a case under Article 21.
Released on bail after furnishing personal bond and two sureties subject to conditions prohibiting tampering and intimidation.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35678 of 2019
Applicant :- Matloob Ahmad Opposite Party :- State Of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned A.G.A. for the state and perused the material on record.
From the perusal of the statement of the victim under Section 164 Cr.P.C., it is apparent that she has not made any allegation against the applicant. Co-accused, Mohd Nizamuddin, has already been granted bail vide order dated 26.08.2019 in Criminal Misc. Bail Application No. 34636 of 2019.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Matloob Ahmad involved in Case Crime No. 296 of 2019, under Section 364 I.P.C., Police Station- Cant, District- Allahabad, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
commission of which they are suspected.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 6.9.2019 Rohit
1 issue framed by the court
Whether the applicant has made out a case for bail given the victim statement and lack of specific allegations against him.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶7
(2018)3 SCC 22 · Who else cites this
3 provisions across 3 enactments
Matloob Ahmad
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
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