Allowed

Salman v. State of U.P.

Allahabad HC17 Nov 2020BAIL/26218/2020

Case brief

AI extract

What is this about?

High Court granted bail to an applicant under IPC sections during a pandemic-induced trial delay, imposing conditions on sureties and directing the trial court to conclude the trial within one year without expressing opinions on case merits.

What did the court decide?

Applicant released on bail subject to conditions regarding sureties pending court resumption and compliance with trial timeline direction.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26218 of 2020

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Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Ramanuj Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Bail Application

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The instant bail application has been filed on behalf of the applicant, Salman, with a prayer to release him on bail in Case Crime No. 262 of 2014, under Sections 395, 397, 412 IPC, Police Station Kotwali, District- Aligarh during pendency of trial.

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This is a fourth bail application.

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First bail application of the applicant was rejected by this court on 20.1.2016; second bail application of the applicant was rejected by this court on 23.03.2017 and third bail application of the applicant was rejected by this court on 15.02.2019.

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Learned counsel for the applicant has submitted that the fresh ground for moving this bail application is that before the trial court no prosecution witness has turned up, despite issuance of non bailable warrants on 02.03.2020 by the Session Judge. Now on account of spread of novel corona virus the courts are not functioning and there is no possibility of early conclusion of trial. Applicant is in jail since 21.12.2014.

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Learned AGA has opposed the prayer for bail of the applicant.

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Having considered the material on record, 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 any opinion on the merits of the case,

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let the applicant involved in the aforesaid crime 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 with the following conditions that :-

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

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

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

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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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. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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

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

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Keeping in view all the facts of the case, the Trial Court is directed to conclude and decide the trial within a period of one year from the date of production of certified copy of this order.

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Order Date :- 17.11.2020 SS

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?

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