Allowed

Kadeem v. State of U.P.

Allahabad HC17 May 2022BAIL/10158/2022

Case brief

AI extract

What is this about?

High Court allowed bail to applicant Kadeem in a criminal case involving IPC sections 307, 504, and 427. The court found he made out a case for bail considering the nature of injuries, lack of danger to the judicial process, and absence of criminal antecedents.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties with specific conditions against tampering with evidence or witnesses.

Kadeem Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10158 of 2022

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Applicant :- Kadeem Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Heard Sri Mohammad Zakir, learned counsel for the applicant, learned A.G.A. and perused the record.

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The instant bail application has been filed on behalf of the applicant- Kadeem with a prayer to release him on bail in Case Crime No.1359 of 2021, under Sections 307, 504, 427 I.P.C., Police Station- Khurja Nagar, DistrictBulandshahr during pendency of trial.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that in the first information report initially general role was assigned to the applicant. He next submitted that the injuries caused to the injured were three in number and two injuries were simple in nature and third injury was kept under observation. He also submitted that along with the counter affidavit, learned A.G.A. has filed the supplementary report also in which there is no mention that injury no.3 is serious in nature. He further submitted that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 25.12.2021 and there is no criminal antecedent against the applicant.

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Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am 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- Kadeem involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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

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Order Date :- 17.5.2022 Rameez

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Digitally signed by RAMEEZ AHMED Date: 2022.05.17 16:30:09 IST Reason: Location: High Court of Judicature at Allahabad

Kadeem v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kadeem v. State of U.P.

Case brief

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