Sadab v. State of U.P.
Case brief
What is this about?
Bail application in a murder case involving the applicant. The High Court held it as a fit case for bail despite opposition, linking release to conditions preventing witness tampering and future criminal activity.
What did the court decide?
Release on bail with personal bond and two sureties subject to conditions of not tampering with evidence and not committing new crimes.
What the court decided
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4632 of 2019
Applicant :- Sadab Opposite Party :- State Of U.P. Counsel for Applicant :- Adesh Kumar Counsel for Opposite Party :- G.A.,Mohammad Belal
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application has been preferred by the accusedapplicant namely Sadab, who is involved in Case Crime No.213 of 2018, under Sections.302 I.P.C., Police Station- Simbhawali, District-Hapur.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case; he was was not named in the F.I.R., there is no evidence of last seen of the accused-applicant with the deceased, it is alleged that one Shahid had seen the accused-applicant at the place where dead body was found, whose statement u/s 161 Cr.P.C. was recorded after two months of the incident. Further submission is that love affairs was going on in between the daughter of the deceased and the applicant, as has come in the statement of Dr. Riyazuddin u/s 161 Cr.P.C. but her statement has not been recorded. It is also submitted that name of the applicant for the first time surfaced in the statement of Sirajuddin recorded under Section 161 Cr.P.C. Lastly it has been submitted that accusedapplicant has no previous criminal history and he is languishing in jail since 2.9.2018.
Issues for consideration
2 issues framed by the court
Whether the accused applicant is fit for bail in a murder case with first degree of involvement allegations.
Whether the accused is a fit case for release on personal bond and two sureties.
Parties & counsel
- applicant
Sadab
- respondent
State Of U.P.
Coram
Umesh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/4632/2019
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