Allowed

Abdul Alam @ Mohd. Alam @ Sheru v. State of U.P.

Allahabad HC26 Sept 2022BAIL/37588/2022

Case brief

AI extract

What is this about?

Court allowed bail to applicant Abdul Alam in a criminal trial for alleged culpable homicide not amounting to murder, citing lack of apprehension of flight and bleak trial prospects, while imposing standard conditions.

What did the court decide?

Released on bail by personal bond and two sureties subject to conditions of no tampering with evidence, sincere cooperation, and no further crime.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37588 of 2022

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Applicant :- Abdul Alam @ Mohd. Alam @ Sheru Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.36 of 2022, registered under Sections 328 I.P.C. Police Station-Sarnath, District Varanasi during pendency of the trial.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. The unexplained delay of one day shows that the FIR has been lodged as an afterthought. There are material contradiction in the statements given by the victim under Section 164 Cr.P.C. and 161 Cr.P.C. She denied to conduct her medical examination. He further submits that applicant is a driver of the victim's father on monthly basis payment and payment of the applicant was due for which, with a view to mount pressure and to grab the payment of the applicant, he has been falsely implicated in the instant matter. Apart from this case, the applicant does not have criminal history. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 03.02.2022 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let the applicant, namely, Abdul Alam @ Mohd. Alam @ Sheru who is involved in the aforesaid case crime, 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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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 :- 26.9.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.09.30 17:09:38 IST Reason: Location: High Court of Judicature at Allahabad

Abdul Alam @ Mohd. Alam @ Sheru v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abdul Alam @ Mohd. Alam @ Sheru v. State of U.P.

Case brief

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