Citation : 2013 Latest Caselaw 7048 ALL
Judgement Date : 20 November, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35038 of 2013 Applicant :- Saleem Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
The present bail application has been filed on behalf of the applicant in case crime No. 402 of 2012 under Sections 363 and 366 IPC, police station Hapur Nagar, district Hapur (Panchsheel Nagar) with the prayer to enlarge the applicant on bail during the pendency of trial.
It is contended by the learned counsel for the applicant that the prosecutrix had gone with Kallu and is staying with him and the applicant, who is a poor laborer and is living in front of the house of Kallu has been falsely implicated in the present case only on the basis of suspicion. It is next contended that the applicant does not have any criminal history and he is in jail since 27.6.2012 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Saleem, involved in case crime No. 402 of 2012 under Sections 363 and 366 IPC, police station Hapur Nagar, district Hapur (Panchsheel Nagar) be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 20.11.2013
faraz
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