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Saleem Khan vs State Of U.P. on 20 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 37924 of 2019

Applicant :- Saleem Khan

Opposite Party :- State Of U.P.

Counsel for Applicant :- Akash Deep Srivastava,Parvez Alam

Counsel for Opposite Party :- G.A.

Hon’ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

Submission is that the applicant has been implicated after 14 years of marriage with the informant. It has been submitted that the domestic dispute has been converted into criminal case. The applicant has been generally implicated along with other members of the family. Applicant is in jail since 30.08.2019.

On the other hand learned AGA has opposed the prayer for bail.

Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the SectionArticle 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the 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, Saleem Khan, involved in Case Crime No.232 of 2017, under Sections 498A, Section323, Section504, Section506, Section308 IPC, Police Station Acchnera, District- Agra 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant will not tamper with the evidence during the trial.

2. The applicant will not pressurize/ intimidate the prosecution witness.

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

4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

Order Date :- 20.9.2019

SS

 

 

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