Allowed

Alam v. State of U.P.

Allahabad HC3 Nov 2022BAIL/15056/2022

Case brief

AI extract

What is this about?

This is a bail application before Criminal Benches of Allahabad High Court. The High Court found that the case for bail was made out despite lack of substantive opinion on merits. The applicant, Alam, was accused of abetting a minor daughter's suicide. The High Court ordered his release on bail with personal bond and two sureties.

What did the court decide?

The applicant Alam to be released on bail subject to furnishing personal bond and two sureties.

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

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Court No. - 73

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15056 of 2022

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Applicant :- Alam Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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This is second bail application. The first bail application of applicant was dismissed for want of prosecution by this Court vide order dated 23.03.2022, passed in Criminal Misc. Bail Application No. 46402 of 2021.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The first information report of this case was lodged by the informant against applicant alleging that applicant accused used to pressurize his minor daughter for marriage with him and informant has refused for the same and it was alleged that due to the harassment by applicant, the daughter of informant committed suicide on 27.09.2020. Learned counsel submitted that the deceased has committed on 27.09.2020 but first information report has been lodged with long delay on 18.10.2020 and no explanation for delay in FIR has been shown. It was pointed out that after the incident, the informant has submitted an application to the police, wherein he has merely stated that his daughter has committed suicide. Only general allegations have been levelled that applicant used to pressurize the victim/deceased to marry with him. No specific incident has been mentioned. Referring to facts of the matter, it

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was submitted that there is no evidence that applicant has abetted or instigated the deceased to commit suicide. The investigation of the case is complete and charge-sheet has been filed in Court. It was further submitted that the applicant is languishing in jail since 13.07.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the submissions of learned counsel for the parties, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.

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Let the applicant Alam involved in Case Crime No. 1113 of 2020, under Section 306 of IPC, P.S. Baradari, District Bareilly, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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

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2.The applicant shall not pressurize/ intimidate the prosecution witness.

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

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any

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inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.

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Order Date :- 3.11.2022 A. Tripathi

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Digitally signed by AKHILESH TRIPATHI Date: 2022.11.04 14:35:16 IST Reason: Location: High Court of Judicature at Allahabad

Alam v. State of U.P.

Case brief

What is this about?

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Alam v. State of U.P.

Case brief

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