Salman v. State of U.P.
Case brief
What is this about?
Allowed bail for the applicant in a murder trial upon furnishing a personal bond and sureties, subject to strict conditions regarding court presence and preventing witness tampering.
What did the court decide?
Released on bail with personal bond and two sureties subject to conditions regarding court attendance and preventing witness tampering.
What the court decided
Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8529 of 2022
Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Sudhakar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Salman, who is involved in Case Crime No. 580 of 2021, under Section 302 of I.P.C., Police Station- Behjoi, District- Sambhal.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that the accused and the deceased were brother and sister and there was absolutely no motive attributed to the brother. It is further contended that the medical report gives an opinion that infact there was no reason found for the death of the deceased. It is further submitted that the applicant has no other criminal history and is in jail since 16.10.2021 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses. Charge sheet has been submitted by the police.
On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a murder trial pending charge.
Whether the special conditions for bail are sufficiently protective during trial.
Parties & counsel
- applicant
Salman
Coram
Siddhartha Varma
Vijay Krishna Jaiswal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/8529/2022
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