Allowed

Shoeb and Another v. State of U.P.

Allahabad HC12 Sept 2018BAIL/27210/2018

Case brief

AI extract

What is this about?

The single-judge court granted bail to applicants Shoeb and Ashif, who were in jail since April 27, 2018, in a criminal case involving alleged kidnapping and rape charges. The court noted the victim's statement admitted an affair and stated the applicants never kidnapped her. No medical injuries were found. Despite the A.G.A.'s opposition, the court ordered their release subject to conditions.

What did the court decide?

Applicants Shoeb and Ashif to be released on bail by furnishing a personal bond and two sureties each, subject to specific conditions.

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

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Court No. - 52

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27210 of 2018

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Applicant :- Shoeb And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Dr. Arun Srivastav Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicants, learned A.G.A. and perused the record.

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The present bail application has been filed by the applicants in Case Crime No. 139 of 2018, u/s 363, 366, 376D IPC, P.S. Barkheda, District Pilibhit with the prayer for enlarging them on bail.

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It is submitted by learned counsel for the applicants that the victim as per her statement before the I.O. disclosed her age to be 20 years, she has admitted having affair with applicant no. 2 Ashif, she has stated that on 10.4.2018 she had gone with Ashif in a vehicle and went to Bareilly, from there she went to Rajasthan and had stayed in a room for few days when she was coming back from Jaipur to Bareilly the police nabbed her, she has stated that she was in love with the applicant and has categorically stated that co-accused Salman, Shoeb and Monis never kidnapped her. It is further submitted that in the statement u/s 164 Cr.P.C. under the pressure of her parents and family members she has levelled allegation of commission of rape by the applicant and other co-accused. In the medical report no mark of injury on external or internal has been noted, the doctor has opined there are no signs suggestive of use of force present on the person of the victim. The applicants are in jail since 27.4.2018.

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Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicants and without expressing any opinion on the merits of the case the applicants are entitled to be released on bail.

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Let the applicants Shoeb and Ashif involved in the aforesaid case crime number be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicants will not tamper with the evidence during the trial.

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(ii) The applicants will not pressurize/ intimidate the prosecution witness.

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(iii)The applicants will appear before the trial court on the date fixed.

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

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Order Date :- 12.9.2018 Dhirendra/

Shoeb and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shoeb and Another v. State of U.P.

Case brief

What is this about?

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