Sameer vs State Of U.P.
2016 Latest Caselaw 3424 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14933 of 2016
 

 
Applicant :- Sameer
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Amir Khan,Nazrul Islam Jafri
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Mithal,J.

Heard Sri Nazrul Islam Jafri, learned counsel for the applicant and the learned A.G.A. for the State.

The FIR was lodged by one Sonu Kumar on information furnished to him by the owner of the truck Awatar Singh on mobile phone. In the FIR none has been named. However, subsequently the applicant was named in the statement of the aforesaid Awatar Singh recorded under Section 161 Cr.P.C. 

The submission is that if the FIR is lodged on the basis of the information submitted by the Awtar Singh, he should have been named in the FIR then and there. No recovery has actually been made from the applicant and that he has been falsely implicated. 

Learned AGA points out that Awtar Singh had sustained injury in throat and may not have been able to give complete information on phone.

In view of the above, let the applicant Sameer involved in Case Crime No. 499 of 2015 under Section 396, 307,412 and 420 IPC, P.S. Sikandrabad District Bulandshahr be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned  subject to the following conditions:-

1. The applicant shall attend the trial pending before the court concerned on every date fixed after release unless specifically exempted.

2. He will not temper with the evidence/witnesses and co-operate with the trial.

3. He will not indulge in any illegal activities during the bail period.

The trial court before accepting the personal bond of the applicant shall record the photograph of the applicant and his proof of identity for verification, if necessary, on future dates when the applicant appears in the court.

The identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. 

In case of any breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

Order Date :- 7.6.2016

SKS