Salman vs State Of U.P.
2016 Latest Caselaw 3978 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21990 of 2016
 

 
Applicant :- Salman
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Kumar Dhananjay
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar, J.

Sri Rajeev Sisodia and Sri D.K. Srivastava, Advocates, have filed Vakalatnama, jointly on behalf of complainant, which is taken on record.

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

As per F.I.R, the applicant-accused used to tease the daughter of the complainant Km. Soni. On 18.04.2016 at about 07:30 in the evening, accused-applicant came alongwith other persons and again started teasing the daughter of the complainant and on being objected, the applicant assaulted him. It is submitted by the learned counsel for the applicant-accused that simple injuries were caused and no fire arm injury has been received by anybody, whereas learned counsel for the complainant stated that the act of the accused-applicant is daring one. The applicant not only came to the house of the complainant, but also in front of the family members daring to tease the daughter of the complainant.

All the injuries caused to four persons are very simple in nature. Fire was shot on the spot as alleged, but it is not alleged that which fire caused serious injuries to anybody or was shot with the intention to cause death.

It is next contended that the applicant is in jail since 23.04.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A for the State has opposed the prayer for bail but could not dispute the aforesaid facts.

Seeing the facts the period of detention and circumstances of the case narrated above as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.

Let the applicant ? Salman, involved in Case Crime No. 289 of 2016, under Sections 452, 323, 354, 307, 504, 506 of I.P.C & 7/8 of the Protection of Children from Sexual Offences Act, Police Station ? Muradnagar, District ? Ghaziabad, be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -

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 :- 08.07.2016.

Vinod.