Allowed

Islam v. State of U.P.

Allahabad HC11 Nov 2019BAIL/47877/2019

Case brief

AI extract

What is this about?

This judgment approves bail for the applicant Islam in a FIR involving Sections 307, 332, 353 IPC and U/s 7 CrPC. The court granted bail on a personal bond and two sureties, subject to conditions prohibiting tampering with witnesses and commission of further crimes.

What did the court decide?

Bail granted on personal bond and two sureties subject to specified conditions regarding witness tampering, cooperation in trial, and abstinence from criminal activities.

Islam Vs State of U.P. — Cheque Dishonour | Allahabad HC (2019)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47877 of 2019

¶3

Applicant :- Islam Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

Heard Sri Akhilesh Kumar, learned counsel for the applicant, Sri Prashant Kumar, learned A.G.A. for the State and perused the material on record.

¶6

The instant bail application has been filed on behalf of the applicant, Islam with a prayer to release him on bail in Case Crime No. 719 of 2019, under Sections 160, 147, 148, 149, 307, 332, 336, 353, 504, 506 I.P.C. and U/s 7 Criminal Law Amendment Act, Police Station- Gangoh, DistrictSaharanpur , during pendency of trial.

¶7

It is argued by the learned counsel for the applicant that as many as six accused persons have been named in the F.I.R. It has been argued by the learned counsel for the applicant that there was a dispute between two brothers due to which the police personnel were called and number of persons gathered there for solving the dispute. From among them, someone attacked the police personnel due to which they have sustained injuries which are simple in nature. The applicant is languishing in jail since 15.09.2019. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

¶8

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶9

Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of

¶10

the like amount to the satisfaction of the court concerned, subject to the following conditions that :-

¶11

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶12

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶13

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶14

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶15

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶16

Order Date :- 11.11.2019 Priya

Islam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Islam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Vinay Kumar Pandey Vs State of U.P.

Karan @ Alle Vs State of U.P. and Another

Rajesh Kumar Maurya Vs State of U.P.

Sumit Vs State of U.P.

Danish Alias Lala Vs State of U.P.

Mohammad Abbas Vs State of U.P.