Allowed

Saleem v. State of U.P.

Allahabad HC22 Oct 2019BAIL/43939/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 43939 of 2019, the court granted bail to applicant Saleem accused under Sections 302, 201 IPC. The applicant was falsely implicated; co-accused previously released. No conclusion of trial despite jail detention since November 2018.

What did the court decide?

Applicant to be released on bail by furnishing personal bond and two sureties of the same amount subject to appearing on date fixed by trial court.

Saleem Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43939 of 2019

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Applicant :- Saleem Opposite Party :- State Of U.P. Counsel for Applicant :- Jamaluddin Mohd. Nasir Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Jamaluddin Mohd. Nasir, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicantSaleem in Case Crime No.896 of 2018 (S.T. No.154 of 2019), under Sections 302, 201 IPC, Police Station Brahampuri, District Meerut with the prayer to enlarge him on bail.

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Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The F.I.R. was lodged against unknown assailants alleging that Sarfaraj, brother of the first informant, has been murdered and his dead body was found on 29.10.2018 from the drain in a plastic sack. During investigation, name of the applicant and other co-accused Saddam and Chhota Saleem came into light. It is next contended that co-accused Saddam and Chhota Saleem have been enlarged on bail by the coordinate Benches of this Court vide orders dated 25.1.2019 and 1.5.2019 in Criminal Misc. Bail Application Nos.3554 and 10029 of 2019. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 9.11.2018, deserves to be released on bail.

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Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.

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

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1.The applicant shall not tamper with the prosecution evidence;

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2.The applicant shall not pressurize the prosecution witnesses;

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

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In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 22.10.2019 Vikas

Saleem v. State of U.P.

Case brief

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Saleem v. State of U.P.

Case brief

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