Saleem vs State Of U.P.
2018 Latest Caselaw 930 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 31
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4336 of 2018
 

 
Applicant :- Saleem
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Narendra Kumar Singh
 
Counsel for Opposite Party :- G.A.,Anand Tiwari
 

 
Hon'ble Mrs. Vijay Lakshmi,J.

This is the second bail application moved by the applicant Saleem involved in Case Crime No.201 of 2014, under Sections 285, 379 and 411 I.P.C., P.S.-Mahrajpur, District-Kanpur-Nagar.

The first bail application was rejected on merits vide order dated 09.11.2016 passed by this Court.

Heard learned counsel for the applicant, Shri Anand Tewari on behalf of the Indian Oil Corporation and the learned A.G.A. Perused the record.

The only fresh ground taken in the second bail application is that the maximum punishment provided for the offences under which the applicant is involved in the aforesaid case crime number is three years whereas the applicant who is in jail since 28.6.2014, has already suffered more than the maximum punishment provided for the aforesaid offences.

Shri Anand Tewari learned counsel appearing on behalf of the Indian Oil Corporation, has vehemently opposed the bail application by contending that the applicant is not only involved in the offence of theft, but also for the offence under Section 15 (4) of the Petroleum and Mineral Pipelines Act, 1962 which is punishable with Life Imprisonment or upto death.

In reply, learned counsel for the applicant has submitted that in the aforesaid section, the applicant has been enlarged on bail vide order dated 10.4.2018 passed by a co-ordinate bench of this Court and he only seeks bail under Sections 285, 379 and 411 I.P.C. for which he has already suffered the maximum punishment provided under the Act.

Keeping in view the fact that the applicant has already suffered the maximum punishment provided under the aforesaid sections, in which the applicant is seeking bail, the applicant is entitled to be released on bail

Let the applicant Saleem involved in Case Crime No.201 of 2014, under Sections 285, 379 and 411 I.P.C., P.S.-Mahrajpur, District-Kanpur-Nagar, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution witnesses and will co-operate in the trial.

4.The applicant will appear regularly before the trial court on each and every date fixed, unless his personal appearance is exempted through counsel by the court concerned.

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

Order Date :- 25.5.2018-SB