Samsuddin vs State Of U.P.
2019 Latest Caselaw 5740 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26892 of 2019
 

 
Applicant :- Samsuddin
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Himanshu Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

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

By means of this application, the applicant who is involved in Case Crime No. 549 of 2018, under Sections 41, 411, 413 and 414 I.P.C., P.S. Taryasujan, district-Kushinagar, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. The recovery which has been shown from the applicant was false one. There is no independent or public witness of the alleged recovery. Further submission is that other co-accused namely, Shakeel Ansari and Aliraj have already been granted bail by the learned court below in the aforesaid case, copy whereof has been filed as Annexure-5 to the affidavit accompanying the bail application.

He lastly submitted that the applicant is languishing in jail since 13.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant, Samsuddin be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 549 of 2018, under Sections 41, 411, 413 and 414 I.P.C., P.S. Taryasujan, district-Kushinagar subject to the following conditions:-

1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

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

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

Order Date :- 8.7.2019

Faridul