Allowed

Shamim @ Vashim v. State of U.P.

Allahabad HC10 Sept 2018BAIL/24814/2018

Case brief

AI extract

What is this about?

Court granted bail to applicant Shamim @ Vashim, implicated in IPC cases, citing Article 21 and Dataram Singh precedent, imposing personal bond, sureties, and conditions including cooperation and non-tampering, directing trial court to conclude trial within six months.

What did the court decide?

Release on bail with personal bond and two sureties; no possibility of fleeing or tampering; trial to conclude within six months.

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

¶1

Court No. - 55

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24814 of 2018

¶3

Applicant :- Shamim @ Vashim Opposite Party :- State Of U.P. Counsel for Applicant :- Vidya Shanker Pandey,Ashutosh Sharma Counsel for Opposite Party :- G.A.,Keshari Nath Tripathi

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Counter affidavit filed on behalf of State, is taken on record.

¶6

Heard learned counsel for the applicant, Sri Keshari Nath Tripathi, learned counsel for the opposite party and Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

¶7

The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that applicant is the husband of the injured. It is also submitted that the parents of the informant were not happy with this love marriage hence they are always instigate to her daughter/injured leave their matrimonial house and they have instigate her daughter/injured to live separate in the city but on the denial of living in the city by the applicant, the informant leave the house of the applicant/husband and falsely implicated the applicant in the present case. The said fact has been mentioned in para 8 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 11.05.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

¶8

Learned counsel for opposite party as well as learned A.G.A. has vehemently opposed the prayer.

¶9

Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

¶10

Let applicant Shamim @ Vashim be released on bail in Case Crime No. 110 of 2018, under Sections 498-A, 323, 307, 328, 504 IPC & 3/4 D.P. Act, Police Station- Dilari, DistrictMoradabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶11

(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

¶12

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶13

The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

¶14

Order Date :- 10.9.2018 Arti

Shamim @ Vashim v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shamim @ Vashim v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Usman Vs State of U.P.

Dayanand Paswan Vs State of U.P.

Bal Kishun Vs State of U.P.

Amaruddin Vs State of U.P.

Satish @ Pandit Vs State of U.P.

Munna Kol Vs State of U.P.