Allowed

Tasleem v. State of U.P.

Allahabad HC25 Sept 2023BAIL/38799/2023

Case brief

AI extract

What is this about?

Court allowed bail to the applicant Tasleem under Section 439 Cr.P.C. in a criminal trial case involving assault. The court noted simple injuries, medical reports, and bail granted to a co-accused with a similar role as key factors.

What did the court decide?

Release of applicant on bail with personal bond and two sureties on conditions not to tamper with evidence, pressurize witnesses, and appear on fixed dates.

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

¶1

Neutral Citation No. - 2023:AHC:184973

¶2

Court No. - 74

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38799 of 2023

¶4

Applicant :- Tasleem Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Prasad,Shamsuddin Ahmad Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vivek Varma,J.

¶6

Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.

¶7

The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 93 of 2023, under Sections 452, 323, 324, 325, 307, 504, 506, 34 I.P.C., and 4/12 Arms Act, Police Station- Deorania, DistrictBareilly during pendency of the trial.

¶8

Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Three persons including the applicant are alleged to have assaulted Azim and Hamsarin. As per the medical report the injuries sustained by the two injured are simple in nature. The applicant has not been nominated as the principal offender, who caused the said injuries to the two injured. There is cross version of the incident. The applicant and coaccused Mohd. Navi have also received injuries. The co-accused Mohd. Navi, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 38784 of 2023 vide order dated 20.9.2023. The applicant claims parity. Prior to the instant case the applicant was involved in Case Crime No. 220 of 2022. In the said case the applicant has been granted bail. The applicant is in jail since 19.7.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶9

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶10

Having heard counsel for the parties and having perused the record, this Court prima facie finds that as per the medical report the injuries sustained by the two injured are simple in nature. The co-accused Mohd. Navi has been granted bail by this Court. Further the applicant has presently remained confined for more than two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the

¶11

fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶12

Let the applicant, Tasleem involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

¶13

i. the applicant shall not tamper with the prosecution evidence;

¶14

ii. the applicant shall not pressurize the prosecution witness;

¶15

iii. the applicant shall appear on each and every date fixed by the trial court.

¶16

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶17

Order Date :- 25.9.2023 S.S.

¶18

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

Tasleem v. State of U.P.

Case brief

What is this about?

What did the court decide?

Tasleem 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohammad Ali Vs State of U.P.

Kamal @ Kalam Vs State of U.P.

Jaypal @ Jagpal Singh Vs State of U.P.

Pannelal Yadav Vs State of U.P.

Govinda Vs State of U.P. and 3 Others

Mursleem Vs State of U.P.