Allowed

Salman v. State of U.P.

Allahabad HC9 Jun 2022BAIL/23395/2022

Case brief

AI extract

What is this about?

High Court allowed bail application filed by Salman in a criminal case involving Sections 399, 402, 307, and 34 IPC. The court held the applicant entitled to bail after observing merit in submissions regarding false implication and lack of flight risk.

What did the court decide?

Applicant to be released on bail by furnishing personal bond and two sureties with conditions against tampering and influencing witnesses.

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

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23395 of 2022

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Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.88 of 2022 at Police Station Hapur Dehat District Hapur under Sections 399, 402, 307, 34 IPC. The applicant is in jail since 03.03.2022.

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The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Hapur on 01.04.2022.

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Shri Ashok Kumar Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The F.I.R. depicts a fake encounter staged by the police. No one from the police personnel have suffered injuries in the incident. One country made pistol was planted on the applicant only to rationalize the story of the police encounter. There is no independent witness to the recovery. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant case. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to

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other co-accused namely Gurkeerat, Sachin and Sukhvinder Singh who have been enlarged on bail by this Court by orders dated 06.05.2022, 25.05.2022 and 03.06.2022 in Criminal Misc. Bail Application Nos. 17828 of 2022, 18021 of 2022 and 17031 of 2022 respectively.

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Shri Anupam Anand, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder contends that apart from the instant case, the applicant has criminal history of one more case.

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Rejoining the issue, learned counsel for the applicant contends that the applicant is in jail and the pairokar was not able to provide complete details of the criminal history of the applicant. Relying on the records available with the learned A.G.A and the instructions received from his client, learned counsel for the applicant further submits that being from economically weaker section of the society the applicant has become a convenient scapegoat for the police authorities who have framed the applicant in false case to burnish their professional credentials. The criminal case does not have any bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses tampering with the evidence or reoffending.

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I see merit in the submissions of learned counsel for the

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applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Salman be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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 condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 9.6.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.06.10 10:52:21 IST Reason: Location: High Court of Judicature at Allahabad

Salman v. State of U.P.

Case brief

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What did the court decide?

Salman v. State of U.P.

Case brief

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