Allowed

Saddam Ali v. State of U.P.

Allahabad HC11 Jan 2023BAIL/57663/2022

Case brief

AI extract

What is this about?

In a bail application filed under the CrPC, the Court allowed the applicant's prayer for enlargement on bail after noting arguments that the applicant was a law-abiding citizen and not a flight risk, without observing on the merits of the case.

What did the court decide?

The applicant Saddam Ali to be released on bail on furnishing a personal bond and two sureties with conditions regarding appearance and non-interference with witnesses or evidence.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57663 of 2022

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Applicant :- Saddam Ali Opposite Party :- State of U.P. Counsel for Applicant :- Roshni Murad,Praveen Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 601 of 2013 at Police Station-Rohaniya, District-Varanasi under Sections 307 I.P.C. and Sections 3/5A/8 of UP Prevention of Cow Slaughter Act, and Section 11 of the Prevention of Cruelty to Animals Act. The applicant is in jail since 15.11.2022.

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The bail application of the applicant was rejected by the learned trial court on 19.11.2022.

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The following arguments made by Shri Mashaluddin Shah, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned AGA from the record, entitle the applicant for grant of bail:

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(1). The applicant is a driver. He had gone out to Goa for some work which was assigned to him by his employer.

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(2) He was not informed about the trial dates by the office of his counsel which led to his absence at the trial.

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(3). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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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- Saddam Ali 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 below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 11.1.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Saddam Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Saddam Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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