Salauddin v. State of U.P.
Case brief
What is this about?
In this criminal bail application, the High Court allowed the release of the applicant on bail in a theft case involving electricity wire, citing lack of arrest from spot and absence of recovery from him.
What did the court decide?
Release on bail on furnishing personal bond and two sureties subject to specific conditions.
What the court decided
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4669 of 2022
Applicant :- Salauddin Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Salauddin, with a prayer to release him on bail in Case Crime No. 257 of 2021, under Sections 379,411,413 IPC Police Station Nagina Dehat, District- Bijnor, during pendency of trial.
There is allegation of theft of electricity wire against the applicant .Learned counsel for the applicant submits that the applicant is neither arrested from the spot nor anything was shown to be recovered from the applicant.On the basis of confessional statement of co-accused persons the applicant is made an accused in the present case. Applicant has been falsely implicated in this case.The applicant has criminal history of 22 cases has been explained in paragraph-2 of the supplementary afÏdavit.The applicant is in jail since 24.9.2021.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, 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
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on basis of non-arrest from spot and lack of recovery from applicant.
Whether applicant has made out a case for bail considering nature of offence and evidence on record.
Parties & counsel
- applicant
Salauddin
Coram
Siddharth
Atul Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/4669/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court