Allowed

Mahtab v. State of U.P.

Allahabad HC11 Jul 2022BAIL/3262/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed this second bail application. Relying on Dataram Singh and considering the nature of the offence, the Court found the applicant had made out a prima facie case for bail despite opposition from the State.

What did the court decide?

The applicant to be released on personal bond and two sureties subject to standard conditions including non-interference with witnesses and appearance before the trial court.

Mahtab Vs State of U.P. — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3262 of 2022

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Applicant :- Mahtab Opposite Party :- State of U.P. Counsel for Applicant :- Shikhar Tandon Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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This is second bail application of the applicant.

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

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The first bail application was dismissed by a coordinate Bench of this court which is not available now.

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Counsel for the applicant submits that the case has not been committed to the court of session till date when the charge sheet was filed in the year 2016. The applicant is in jail since 16.09.2016. There is no possibility of earlier conclusion of trial.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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, the Court is 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, Mahtab, involved in Case Crime No. 338 of 2016, under Section - 364-A IPC, Police Station- Kairana, District- Shamli, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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

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The applicant will not pressurize/ intimidate the prosecution

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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 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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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 or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Order Date :- 11.7.2022 Rohit

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Digitally signed by ROHIT DAS Date: 2022.07.12 18:20:31 IST Reason: Location: High Court of Judicature at Allahabad

Mahtab v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mahtab v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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