Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23074 of 2021 Applicant :- Saddam Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Kumar Singh Counsel for Opposite Party :- G.A.,Adil Khan
Hon'ble Ajit Singh,J.
The present bail application was filed through e-Filing. Since the normal functioning of the Court resumes and learned counsel are appearing on behalf of their respective parties in the Court. The Court heard the matter physically after taking additional copy of the bail application from learned counsel for the applicant the case is taken up physically.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 20 of 2020, under Sections 498A, 304B, 323, 120B I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Saidangli, district- Amroha, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that earlier the applicant was granted bail by another Bench of this Court vide order dated 3.2.2021, under Sections 498A, 304B, 323, 120B I.P.C. and Section 3/4 Dowry Prohibition Act, copy whereof has been filed as Annexure-9. Later on the applicant was charged under Section 302 I.P.C. Earlier the learned court has discussed the various facts of this case and observed that the name of the applicant surfaced as an accused in the present case during investigation in the confessional statement of co-accused Shahzad @ Guddu, who is the husband of the deceased. No incriminating article or material has been recovered either from the applicant or on his pointing out. Further submission is that no new facts emerged after the confessional statement of co-accused Guddu against the applicant. There is no evidence on record, which shows that any amount was give to the applicant for committing the murder the wife of co-accused Shahzad @ Guddu. He lastly submitted that the applicant, who is in jail since 4.10.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the 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, Saddam be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The present bail application was filed through e-Filing. Since the normal functioning of the Court resumes and learned counsel are appearing on behalf of their respective parties in the Court. The Court heard the matter physically after taking additional copy of the bail application from learned counsel for the applicant the case is taken up physically.
Order Date :- 13.8.2021 Faridul Digitally signed by Justice Ajit Singh Date: 2021.08.16 17:21:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad