Allowed

Sikandar v. State of U.P.

Allahabad HC2 Sept 2020BAIL/25492/2020

Case brief

AI extract

What is this about?

This is a bail application in a criminal case involving offences under Sections 307, 452, and 354 IPC. The High Court allowed bail, directing the release of the applicant on executing a personal bond and providing two sureties subject to specified conditions.

What did the court decide?

The applicant Sikandar was released on bail by executing a personal bond and furnishing two sureties, subject to conditions to attend trial and not tamper with witnesses or indulge in illegal activiti

Sikandar Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25492 of 2020

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Applicant :- Sikandar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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By means of this application, the applicant who is involved in Case Crime No. 130 of 2020, under Sections 307, 452 and 354 I.P.C., P.S. Bannadevi, district-Aligarh, is seeking enlargement on bail during the trial.

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The First Information Report of the incident was lodged by the informant against the present accused, alleging therein that on 27.2.2020 the accused tried to rape her daughter and when she resisted the accused attacked her with knife.

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Learned counsel for the applicant has submitted that applicant is the brother-in-law (jeth) of the injured and he has been falsely implicated in the present case as there was property dispute amongst the present accused and his brother. He further submitted that the injured has received only one incised wound on the right side of abdomen and according to Doctor the injury sustained by him is simple in nature. He lastly submitted that the applicant, who is in jail since 11.4.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Sikandar be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following

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conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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 :- 2.9.2020 Faridul

Sikandar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sikandar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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