The Allahabad High Court has granted conditional bail to Abdul Samad @ Saddam, brother-in-law of former MLA late Ashraf.
A Single Bench of Justice Sameer Jain passed this order while hearing a Criminal Misc Bail Application filed by Abdul Samad @ Saddam.
The application has been filed seeking release of the applicant on bail in Case under Sections 420, 467, 468, 471, 506, 457, 380 I.P.C, Police Station Baradari, District Bareilly, during pendency of the trial in the court below.
Counsel for the applicant submitted that as per allegation, applicant by disclosing his wrong name to the informant got executed a rent agreement in his favour and when informant demanded his rent then applicant threatened him.
He further submitted that on the basis of false allegation, the applicant has been accused in the matter and the applicant did not disclose his wrong identity to the informant.
He also submitted that the actual applicant was the tenant in the house of the informant but subsequently some dispute with regard to the payment of rent arose between both the sides and the informant lodged the FIR of the case on the basis of false allegation.
He said that even from perusal of the allegation levelled in the FIR, it reflects that it is based on false facts.
He further said that apart from the case, the applicant has criminal history in eight other cases but out of eight cases, in three cases, after investigation the final report has been submitted and in two cases, he is on bail.
He also said that all the alleged offences are triable by Magistrate Ist Class and the applicant has been in jail in the matter since 19.02.2024.
Per contra, A.G.A-I however opposed the prayer for bail but could not dispute the arguments on facts advanced by the counsel for the applicant.
“However, however apart from the case, it reflects that applicant is having criminal history of eight other cases but his entire criminal history has been explained in the supplementary affidavit filed in support of the bail application and out of eight cases, in three cases, after investigation final report has been submitted and in two cases, he is on bail.
Further, after considering the allegation levelled against the applicant, the argument advanced by the counsel for the applicant, cannot be completely brushed aside at this stage.
Further, all the alleged offences are triable by Magistrate Ist Class and applicant is in jail in the matter since 19.02.2024.
Therefore, considering the facts and circumstances of the case discussed above, in my view, the applicant is entitled to be released on bail,” the Court observed while allowing the bail application.
The Court ordered,
Let applicant Abdul Samad @ Saddam, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
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