Allowed

Saleem and Another v. State of U.P.

Allahabad HC13 Jan 2021BAIL/163/2021

Case brief

AI extract

What is this about?

High Court granted bail to applicants Saleem and Sarfaraz, who were accused of possession of charas and implicated in a cheating case, subject to personal bond, sureties, and strict conditions regarding trial attendance and criminal conduct.

What did the court decide?

Applicants enlarged on bail by executing a personal bond and two sureties each, subject to specific conditions of conduct and trial attendance.

Saleem and Another Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 163 of 2021

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Applicant :- Saleem And Another Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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Learned counsel for the applicants submitted that 327 Grams Charas is alleged to be recovered from the possession of the applicant No. 1 and 295 Grams Charas is alleged to be recovered from the possession of the applicant No. 2 which is below the commercial quantity. The applicants are innocent, they have not committed the alleged offence, but they have been falsely implicated in the present case. There is no compliance of mandatory provision of Sections 50, 51 and 52 of the N.D.P.S. Act and there is no independent witness of the incident. The applicant no. 1 is having criminal history of one case which has been explained. So far as applicant no. 2 is concerned, criminal history of three cases has been shown, but learned counsel for the applicants has explained in the para-7 of the affidavit mentioning therein that those cases are not pertaining to applicant no. 2 as parentage is different. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicants who are in jail, undertakes that they will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants- Saleem & Sarfaraz , involved in Case Crime No. 457 of 2020 of 2020, under Section- 411, 413, 414, 420, 468, 471 IPC, Police StationShahabad, District -Rampur, be enlarged on bail on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as

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soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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

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

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

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The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;

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In case, the applicants misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.

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

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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 :- 13.1.2021 Sartaj

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Digitally signed by Justice Neeraj Tiwari Date: 2021.01.13 14:42:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Saleem and Another v. State of U.P.

Case brief

What is this about?

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Saleem and Another v. State of U.P.

Case brief

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