Allowed

Kalamuddin v. State of U.P. and Another

Allahabad HC5 Jul 2024CRLA/6443/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the criminal appeal filed by the appellant against the rejection of his bail application. The Court found that the impugned order was erroneous and liable to be set aside, granting bail subject to specific conditions.

What did the court decide?

Impugned order rejecting bail application set aside. Appellant released on bail with personal bond and two sureties.

Kalamuddin vs State of U.P. and Another — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:164230

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 6443 of 2024

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Appellant :- Kalamuddin Respondent :- State of U.P. and Another Counsel for Appellant :- M J Akhtar Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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List revised. Despite service of notice, no one has put in appearance on behalf of the opposite party no.2.

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Heard learned counsel for the appellant, Sri Ratan Singh, learned A.G.A. for the State and perused the record.

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This Criminal Appeal under Section 14-A(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set-aside the rejection order dated 24.05.2024 passed by Special Judge (SC/ST Act) Kushinagar at Padrauna in Bail Application No. 1260 of 2024 (Kalamuddin vs. State of U.P. and another) in Case Crime No. 402 of 2009, (S.T. No. 250 of 2019), under Sections 376, 511 IPC & 3(1)(11) of SC/ST Act, Police Station Kubersthan, District Kushinagar.

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It is submitted by the learned counsel for the appellant that in this case, the appellant was on bail on 07.9.2009 but during the course of the trial, due to COVID-19, on the date fixed in this case, the appellant could not contact his Advocate and therefore, he could not appear before the court concerned on the date fixed and hence, non-bailable-warrant was issued against him on 19.4.2021. It has also been submitted by learned counsel for the appellant that the appellant has regularly appeared before the Court on the date fixed and he has not misused the liberty of bail.

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Appellant is languishing in jail since 29.4.2024 and has no criminal history. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court.

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On the other hand, learned counsel for the respondent as well as learned AGA opposed the prayer for bail and could not dispute the aforesaid facts.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.

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Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, this Court is of the opinion that the appellant has made out a case for bail. The learned trial Court erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

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Let the appellant Kalamuddin involved in Case Crime No. 402 of 2009, (S.T. No. 250 of 2019), under Sections 376, 511 IPC & 3(1) (11) of SC/ST Act, Police Station Kubersthan, District Kushinagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The appellant will not tamper with the evidence during the trial.

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The appellant will not pressurize/ intimidate the prosecution witness.

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The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The appellant 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 officer or tamper with the evidence.

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

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Order Date :- 16.10.2024

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Monika

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Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad

Kalamuddin v. State of U.P. and Another

Case brief

What is this about?

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Kalamuddin v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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