Allowed

Salman v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC20 Dec 2024BAIL/13322/2024

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant during the trial in a criminal case. The court finds no cogent evidence against the applicant, who was implicated only on suspicion and is not named in the FIR. Bail is granted subject to specific conditions regarding appearance and conduct.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties on satisfaction of court, subject to specific conditions.

Salman vs State of U.P. Thru. Prin. Secy. Home Lko — Bail and Remand | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:85927

¶2

Court No. - 15

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13322 of 2024

¶4

Applicant :- Salman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Shree Prakash Singh,J.

¶6

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

¶7

The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 508 of 2024, under Sections 305,331(4),317(2),317(4),313 B.N.S., Police Station- Kotwali Dehat, District- Bahraich.

¶8

Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is not named in the FIR and in fact, he has been implicated in the instant matter only on the basis of suspicion. He added that there is no cogent piece of evidence against the applicant. He also submits that the applicant has five cases criminal history which have been explained in the bail application and he is languishing in jail since 28.9.2024. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

¶9

Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant was involved in committing the aforesaid offence and thus, he is not entitled for any relief.

¶10

Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 28.9.2024; the applicant is not named in the FIR and in fact, he has been implicated in the instant matter only on the basis of suspicion; there is no cogent piece of evidence against the applicant; the applicant has five cases criminal history which have been explained in the bail application coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

¶11

Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

¶12

Let the applicant- Salman involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

¶13

(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

¶14

(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

¶15

(3) The applicant 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.; and

¶16

(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

¶17

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

¶18

It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

¶19

Order Date :- 20.12.2024 Shravan

¶20

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

Salman v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Salman v. State of U.P. Thru. Prin. Secy. Home Lko

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

All orders in this case

Similar cases

Ajay Kumar Jha and Another Vs State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko and Another

Monu Singh Vs State of U.P. Thru. Prin. Secy. Home Lko and Another

Anil Kumar Singh Vs State of U.P. Thru. Addl. Chief Secy. Home Lko.

Shures Varma vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Amit Kumar Shukla and Another vs State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Another

Reeta Devi vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko