Allowed

Chand @ Salman v. State of U.P.

Allahabad HC20 Dec 2022BAIL/58197/2022

Case brief

AI extract

What is this about?

In CRIMINAL MISC. BAIL APPLICATION No. 58197 of 2022, the Hon'ble Allahabad High Court, in a special leave order, allowed the bail application of the applicant accused under Sections 302, 429, 504 IPC. The court found merit in submissions regarding lack of premeditation and no criminal history.

What did the court decide?

Applicant released on bail furnishing personal bond and two sureties subject to conditions prohibiting tampering with evidence or influencing witnesses.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58197 of 2022

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Applicant :- Chand @ Salman Opposite Party :- State of U.P. Counsel for Applicant :- Dur Vijay 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. 65 of 2022 at Police Station- Kayamganj, DistrictFarrukhabad under Sections 302, 429, 504 IPC. The applicant is in jail since 12.03.2022.

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The bail application of the applicant was rejected by learned Sessions Judge, Farrukhabad on 01.11.2022.

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Sri Dur Vijay Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Learned counsel for the applicant further contends that nature of the offence as disclosed from the prosecution case shows that it was not a premediatated murder. The injuries suffered by the victim as recorded in the medico legal examination report opines that the injuries were muscle deep. The said injuries were not life threatening. The deceased under went treatment for a period of three and half months. Cause of death as disclosed in the postmortem report is "sepsis subsequent to injury sustained to chest and abdomen (caused by sharp force)". Septicaemia happened due to medical negligence. The applicant is a young person and holds promise of reaffirmation.

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Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case. The applicant resides in Farrukhabad. The applicant is a law abiding citizen who has cooperated with the police investigation. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

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I see merit in the submissions of the learned counsel for the applicant and 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- Chand @ 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 concerned subject to following conditions.

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

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The applicant will not influence any 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 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 to any police officer or tamper with the evidence.

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In case any averment made in the bail application or the submissions during the course of argument are found to be false or 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 :- 20.12.2022 Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad

Chand @ Salman v. State of U.P.

Case brief

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Chand @ Salman v. State of U.P.

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