Allowed

Sheru v. State of U.P.

Allahabad HC19 Sept 2018BAIL/24557/2018

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a case involving offences under Sections 147/148/149/323/324/326/307/452/504/506 IPC. Bail was allowed on a personal bond with two sureties subject to specific conditions to prevent tampering and illegal activities.

What did the court decide?

Release on bail with personal bond and two sureties of Rs. one lakh each, subject to attendance and non-tampering conditions.

Sheru Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24557 of 2018

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Applicant :- Sheru Opposite Party :- State Of U.P. Counsel for Applicant :- J.B. Singh,Anil Kumar Jaiswal Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed by the learned A.G.A. today in the Court is taken on record.

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Heard Sri Anil Kumar Jaiswal, learned counsel for the applicant and Sri Ghanshayam Kumar, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that no specific role has been made against the applicant, only general allegations have been made. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to co-operate with the process of law and shall faithfully make himself available before the Court whenever required. It has also been submitted that the applicant is languishing in jail since 01.06.2018. It has been pointed out that the applicant has no criminal history.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the survey of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Sheru involved in Case Crime No. 27 of 2018, under Sections 147/148/149/323/324/326/307/452/504/506, I.P.C., Police Station Ecotech-I, District Gautuam Budh Nagar be released on bail on his furnishing a personal bond with two sureties of (Rs.one lakh each) (one should be family member) with the following conditions.

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

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He will not tamper with the witnesses

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

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

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

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Order Date :- 19.9.2018 Md Faisal

Sheru v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sheru v. State of U.P.

Case brief

What is this about?

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What the court decided

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