Allowed

Salimuddin v. State of U.P.

Allahabad HC22 Aug 2023BAIL/28207/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 28207 of 2023, the Allahabad High Court allowed the bail application of Salimuddin. The applicant was involved in a case under the U.P. Gangster Act. The court observed that while the application sought bail during the pendency of trial, the matter was disposed of without expressing an opinion on the merits.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties each with conditions regarding tampering with witnesses, cooperation in trial, and non-commission of crime.

Salimuddin Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:168584

¶2

Court No. - 72

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28207 of 2023

¶4

Applicant :- Salimuddin Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Dubey,Shravan Kumar Srivastava Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

List has been revised.

¶7

Heard Shri Shravan Kumar Srivastava learned counsel for the applicant, Shri Ashutosh Srivastava learned A.G.A. for the State and perused the material placed on record.

¶8

By means of the present bail application, the applicant seeks bail in Case Crime No.168 of 2023, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Bharthana, District- Etawah, during the pendency of trial.

¶9

It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of two criminal cases shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal cases have been mentioned in paragraph 7 to the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 02.04.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶10

On the other hand, learned AGA opposed the prayer for bail.

¶11

Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Salimuddin, involved in aforementioned case 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 with the following conditions that :-

¶12

(i). The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶13

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

¶14

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶15

Order Date :- 22.8.2023 A Gautam

¶16

Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad

Salimuddin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Salimuddin v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Haroon and Another Vs State of U.P.

Saurabh Srivastwa Vs State of U.P. and 2 Others

Raghvendra Vs State of U.P. and 2 Others

Surjeet and 3 Others Vs State of U.P.

Mohd. Imran and 4 Others Vs State of U.P.

Banarasi Vs State of U.P. and 2 Others