Allowed

Kamaluddin and Another v. State of U.P.

Allahabad HC18 Aug 2023BAIL/34895/2023

Case brief

AI extract

What is this about?

HC allowed bail for applicants Kamaluddin and Kuraisha accused in IPC 306/504/506 case. Court granted bail on grounds of parity with co-accused and jail overcrowding, citing Satendra Kumar Antil, without expressing opinion on merits.

What did the court decide?

Applicants released on bail with personal bond and two sureties each subject to specific conditions regarding tampering, cooperation, and court attendance.

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

¶1

Neutral Citation No. - 2023:AHC:166290

¶2

Court No. - 64

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34895 of 2023

¶4

Applicant :- Kamaluddin And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A.,Suneel Thekma

¶5

Hon'ble Siddharth,J.

¶6

Heard learned counsel for the applicant; Shri Rajesh Kumar Yadav holding brief of Shri Sunil Thekma, learned counsel for the informant and learned A.G.A for the State.

¶7

The submission is that co-accused, Shahil has already been enlarged on bail vide Criminal Misc. Bail Application No. 34945 of 2023 on 9.8.2023 and the case of the applicants stands on identical footing, hence the applicants are also entitled for bail for the reasons given in bail application of co-accused on the ground of parity. The applicants are in jail since 7.7.2023.

¶8

On the other hand learned A.G.A and learned counsel for the informant have opposed the prayer for bail.

¶9

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶10

Let the applicants, Kamaluddin and Kuraisha involved in Case Crime No. 125 of 2023, under Sections 306,504,506 IPC, Police Station- Bilariaganj DistrictAzamgarh, be released on bail on their furnishing a

¶11

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.

¶12

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

¶13

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

¶14

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

¶15

That the applicants 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 or to any police ofÏcer;

¶16

The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

¶17

The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶18

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

¶19

Order Date :- 18.8.2023

¶20

Atul kr. sri.

¶21

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Kamaluddin and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamaluddin and Another 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Victim Vs State of U.P. and Another

District Inspector of Schools Vs Ajay Kumar

Rahil Vs State of U.P. and 3 Others

Dinesh Vs State of U.P.

Aas Mohammad Vs State of U.P.

Sachin Patel Vs State of U.P. and 3 Others