Saleem @ Kala v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24277 of 2023 Applicant :- Saleem @ Kala Opposite Party :- State of U.P. Counsel for Applicant :- Jainendra Kumar Pandey,Abhishek Chauhan,Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Supplementary Affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant, learned AGA and perused the record.

¶3The accused-applicant seeks bail in Case Crime No.630 of 2000 under section 2/3 of the U.P. Gangster Act, P.S. Kandhla, District Shamli.

¶4The applicant was enlarged on bail vide order dated 17.04.2001. Subsequently, he did not appear in the trial, which resulted in issuance of non-bailable warrants and in pursuance thereto he was arrested.

¶5The counsel for the applicant argues that the applicant is a poor person and had gone out of the State for earning livelihood, as such, he could not appear. He thus, argues that the applicant is ready and willing to cooperate with the trial.

¶6Considering the said statement coupled with the fact that the applicant was enlarged on bail in the year 2001 and could not appear for valid reasons, the applicant is entitled to be enlarged on bail subject to fresh sureties of Rs.30,000/- each and that the applicant will cooperate with the trial. Thus the bail application is allowed.

¶7Let the applicant Saleem @ Kala be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two fresh reliable sureties of Rs.30,000/- (Thirty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 1.11.2023 VNP/- High Court of Judicature at Allahabad