Allowed

Salman v. State of U.P.

Allahabad HC3 Dec 2019BAIL/46858/2018

Case brief

AI extract

What is this about?

This bail application by an accused involved in an assault and criminal conspiracy case was allowed on the grounds that the victim was subsequently taken ill and the recovery was made from another person. No opinion was expressed on the merits of the case.

What did the court decide?

Release of the applicant on bail with a personal bond and two sureties, subject to specific conditions regarding evidence tampering and witness intimidation.

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

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Court No. - 34

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46858 of 2018

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Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Paritosh Sukla,Prateek Sinha Counsel for Opposite Party :- G.A.

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Hon'ble Sudhir Agarwal,J.

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Heard Sri Prateek Sinha, learned counsel for applicant and learned A.G.A. for State.

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The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 777 of 2018, under Sections 394, 307, 411 I.P.C., Police Station Qwarsi, District Aligarh.

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In the First Information Report, it is stated that victim was hit on the head several times but in the medical report, only one injury has been found. Parentage of Salman in the F.I.R. has been mentioned as not known and recovery has been made from another Salman and not the applicant. Allegations against applicant are false and baseless and he has been falsely implicated in the present case. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not to seek any unnecessary adjournment during trial. The applicant is in jail since 10.06.2018 and in case he is enlarged on bail, he will not misuse liberty of bail.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.

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The application is allowed.

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Let applicant, Salman, involved in Case Crime No. 777 of 2018, under Sections 394, 307, 411 I.P.C., Police Station Qwarsi, District Aligarh be released on bail on his furnishing a personal bond and two sureties each in

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the like amount to the satisfaction of Court concerned with following conditions:

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(i) The applicant will not temper with the evidence during trial.

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(ii) The applicant will not pressurize/intimidate the prosecution witness.

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(iii) The applicant will appear before Trial Court on the date fixed.

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(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.

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In case of breach of any of above conditions by applicant, the Court

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below shall be at liberty to cancel his bail.

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Order Date :- 3.12.2019 PS

Salman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Salman v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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