Allowed
Salim @ Dhela v. State of U.P.
Allahabad HCBAIL/6048/2023
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6048 of 2023
Applicant :- Salim @ Dhela Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar Nigam,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 283 of 2022, under Sections 388,386, 328, 406 IPC, Police Station Kairana, District Shamli with the prayer to enlarge the applicant on bail.
Learned counsel for the applicant has contended that a compromise was entered into between the applicant and the complainant. It is further argued by learned counsel for the applicant that all the other accused namely; Nazim S/o Mahir and Intazar S/o Abbal have been granted bail by this Court. A copy of the bail orders are at page 40 and 42 of the paper-book. During investigation the name of Lukman @ Usman and Smt. Rizwana, have also come into light and both of them have been granted bail by this Court. Copy of the bail orders of Lukman @ Usman and Smt. Rizwana are at page Nos. 44 and 47 of the paper-book.
Learned counsel for the applicant has argued that the allegation made in the FIR is incorrect and applicant has been falsely implicated in the present case. It has been further contended by learned counsel for the applicant that in paragraph no. 15 of the affidavit filed in support of the bail application, applicant has explained his criminal history. It is further contended that applicant is languishing in jail since 08.06.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail on the ground that the applicant is main accused, but he could not deny the fact that all other accused have already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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.
Let the applicant Salim @ Dhela in the aforesaid crime be
released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). The applicant 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 23.2.2023 v.k.updh.
Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application for bail in a case involving Sections 388, 386, 328 IPC should be allowed.
Salim @ Dhela
State of U.P.
Manish Kumar Nigam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court