Allowed

Sayeed Ahamd v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Allahabad HC14 Aug 2024/4465/2024

Case brief

AI extract

What is this about?

In a bail application, the Allahabad High Court granted bail to the applicant after determining that the victim had declared hostile and denied allegations in the supplementary affidavit, despite no opinion on the merits of the case.

What did the court decide?

The applicant was released on bail by furnishing a personal bond with two sureties of Rs.20,000/- each.

Sayeed Ahamd Vs State of U.P. Thru. Addl. Chief Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:56099

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4465 of 2024

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Applicant :- Sayeed Ahamd Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Arun Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

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The F.I.R. in question was lodged against the applicant of committing the offence against the victim. Subsequently, in the supplementary afÏdavit, the statement of the victim has been brought on record wherein the victim has denied the allegations levelled in the F.I.R. and has declared hostile.

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Learned counsel for the applicant has argued that during trial, the victim has denied the allegations made in the F.I.R. and has not supported the prosecution story. The victim has been declared hostile. The applicant is in jail since 24.3.2024 having no criminal antecedents, hence, he may be granted bail.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the subsequent development where the victim has turned hostile coupled with the fact that the applicant is languishing in jail since 24.3.2024 having no criminal history without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Sayeed Ahamad be released on bail in Case Crime/ FIR No.147 of 2000, under Sections 376, 384, 504, 506 I.P.C., Police Station Chinhat, District Lucknow on his furnishing a personal bond with two sureties of

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Rs.20,000/- each to the satisfaction of court concerned with the following conditions: -

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 or to any police ofÏcer or tamper with the evidence.

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Order Date :- 14.8.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Sayeed Ahamd v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

What is this about?

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Sayeed Ahamd v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

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What the court decided

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