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Sameer 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. – 33180 of 2018

Applicant :- Sameer Khan

Opposite Party :- State Of U.P.

Counsel for Applicant :- Pramod Kumar Srivastava,Manoj Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Siddharth,J.

Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the applicant, Sameer Khan with a prayer to release him on bail in Case Crime No. 717 of 2017, under Sections 458, Section307 IPC, Police Station Karvi, District- Chitrakoot, during pendency of trial.

It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case with some ulterior motive. The submission is that from the statement of the injured, it is clear that the allegation levelled against the applicant in the F.I.R. under Section 354 I.P.C. was false and she has not made any such allegation in her statement under Section 164 Cr.P.C. It has further been submitted that from the statement of the injured, it appears that one pistol and one gun was in the possession of the applicant when he caused fire arm injuries to the injured. The injured has stated that she snatched the pistol from the applicant and threw it below the cot and caught hold of the gun of the applicant and shouted and then the other people came and he ran away.

Counsel for the applicant has pointed out that the prosecution allegations are not reliable since in the memo of recovery, the police has recovered the pistol and the gun both at the pointing out of the applicant when the injured has stated that she snatched the pistol from the applicant and threw it below the cot and he ran away only with the gun. The applicant does not have any criminal history to his credit and he is languishing in jail since 19.07.2017. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant.

Having considered the submissions of the parties noted 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, let the applicant involved in the aforesaid 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 that :-

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

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 20.9.2019

Nirmal Sinha

 

 

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