Allowed

Saddam v. State of U.P.

Allahabad HC2 Dec 2020BAIL/42588/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Saddam, in a case concerning the Arms Act. The applicant was released on furnishing a personal bond and two sureties subject to specific conditions regarding conduct and cooperation during the trial, citing the larger mandate of Article 21.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions of not tampering with evidence, cooperating in trial, and refraining from criminal activity.

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

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Court No. - 91

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42588 of 2020

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Applicant :- Saddam Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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

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The present bail application has been filed on behalf of the applicant, Saddam , with a prayer to release him on bail in Case Crime No. 645 of 2020, under Sections 3/7/25(1)(AA) Arms Act, Police Station- Koshikala, District- Mathura, during pendency of trial.

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The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has not committed any offence warranting punishment under aforesaid Act. There is no independent witness of the alleged incident. Nothing incriminating has been recovered from the possession of the applicant. Next submission is offence is triable by the Magistrate. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 12.9.2020 having no criminal history.

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Learned AGA for the State has vehemently opposed the prayer for bail.

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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, 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

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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/her 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.

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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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Order Date :- 2.12.2020

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Vandana

Saddam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Saddam v. State of U.P.

Case brief

What is this about?

What did the court decide?

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