Allowed

Saalim v. State of U.P.

Allahabad HC5 May 2020BAIL/12537/2020

Case brief

AI extract

What is this about?

In Chamber bail application allowed for applicant Saalim. Granted release on personal bond without immediate sureties due to extraordinary conditions. Directed filing of computer-generated order copy and imposed strict attendance conditions.

What did the court decide?

Release on bail via personal bond without immediate sureties; sureties to be furnished within a month of normal court functioning.

Saalim Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

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In Chamber

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12537 of 2020

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Applicant :- Saalim Opposite Party :- State of U.P. Counsel for Applicant :- Shravan Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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This bail application has been listed before me pursuant to the direction of Hon'ble the Chief Justice dated 04.04.2020 for consideration, therefore, same is being decided in Chamber under the extraordinary conditions prevailing now a days. Written objection dated 4.5.2020 filed by Shri Ajay Kumar Pathak, learned A.G.A.

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I have perused the bail application filed on behalf of Saalim, who is languishing in jail since 31.01.2020 in connection with Case Crime No.63 of 2020, u/s 414, 420, 467, 468, 471 I.P.C., P.S.-Khoda, District-Ghaziabad.

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Perusal of record shows that the F.I.R. was registered by Sub Inspector Vipin Kumar who converted the recovery memo into the F.I.R. The F.I.R. is lodged against five known persons including the applicant. As per the version of the F.I.R., after getting the tip from the informer the police party has conducted a raid in the dead of the hours on 31.01.2020 at 00.30 hours and has arrested all five persons and recovered the motorcycles to which they were driving and also recovered theft property and illegal and unlawful weapons. All the miscreants have confessed before the police that these motorcycles were stolen by them and prepared forged documents of these motorcycles. The police recovered a motorcycle No.UP14DM-1283 and from whom one knife, one mobile and Rs.160/- were recovered, though the correct number of motorcycle was UP16BR5611. The said motorcycle was a case property of the F.I.R. registered at Police Station-Sector 49, NOIDA dated 18.10.2019. All these recoveries are from the joint possession of all accused persons. There is no independent witness to the alleged recoveries. The applicant is languishing in jail since 31.01.2020.

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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

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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.

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Let the applicant, Saalim, who is involved in Case Crime No.63 of 2020, u/s 414, 420, 467, 468, 471 I.P.C., P.S.-Khoda, District-Ghaziabad, 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.

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(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

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(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS COUNSEL. IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.

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(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST HIM IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

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

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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4. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 5.5.2020 M. Kumar

Saalim v. State of U.P.

Case brief

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Saalim v. State of U.P.

Case brief

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