Allowed

Suleman Alias Nate v. State of U.P.

Allahabad HC17 Nov 2022BAIL/38938/2020

Case brief

AI extract

What is this about?

In this second bail application, the High Court of Allahabad allowed the grant of bail to the applicant accused under Sections 376, 493, 504, 506 IPC, directing him to furnish a personal bond and two sureties and abide by specific conditions.

What did the court decide?

Release on bail subject to furnishing a personal bond and two sureties and adherence to conditions prohibiting tampering with evidence or engaging in criminal activity.

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

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38938 of 2020

¶3

Applicant :- Suleman Alias Nate Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Pathak,Atul Kumar Shahi

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Shekhar Kumar Yadav,J.

¶6

This is Second Bail application.

¶7

Counter affidavit filed by the learned A.G.A. today in Court, is taken on record.

¶8

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

¶9

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 82 of 2019, under Sections 376, 493, 504, 506 of IPC, Police Station- Rajghat, District- Gorakkhpur, during the pendency of trial.

¶10

It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. He further submits that applicant has taken a new ground that the victim/informant went to jail to meet the applicant many a time stating herself to be sister of the applicant. The reply was given by the office of the C.S.C. under Right To Information Act which has been filed along with Supplementary Affidavit as Annexure No. 2 and it is further submitted that the victim has become hostile in trial, her statement has also been filed along with Supplementary Affidavit As Annexure No. 1, which shows that victim became hostile. He further submits that the victim has herself established physical relationship with the applicant and later on, she manipulated a false and fabricated story and lodged First Information Report against the Applicant. The applicant is lainguishin in jail since 10.06.2019 and in case he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.

¶11

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

¶12

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in

¶13

view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶14

Let the applicant, Suleman Alias Nate, 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.

¶15

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶16

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

¶17

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

¶18

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶19

Order Date :- 17.11.2022 Neetu

¶20

Digitally signed by NEETU SINGH Date: 2022.11.19 16:18:46 IST Reason: Location: High Court of Judicature at Allahabad

Suleman Alias Nate v. State of U.P.

Case brief

What is this about?

What did the court decide?

Suleman Alias Nate v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ahmad Raza Vs State of U.P. and 3 Others

Virendra Singh Vs State of U.P.

Mohit Chauhan Vs State of U.P and 3 Others

Lalloo Vs State of U.P.

Sunil Vs State of U.P.

Fahimuddin @ Fahmuddin Vs State of U.P.