Allowed

Bharat Shah @ Bharat v. State of U.P.

Allahabad HC3 Dec 2018BAIL/43463/2018

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Bharat Shah, in a murder case under Sections 302 and 504 IPC, subject to the furnishing of a personal bond and two sureties, along with specific conditions to prevent tampering with evidence, ensure trial cooperation, and abstain from criminal activity.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties in like amount, subject to conditions regarding evidence tampering and trial cooperation.

Bharat Shah @ Bharat Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43463 of 2018

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Applicant :- Bharat Shah @ Bharat Opposite Party :- State Of U.P. Counsel for Applicant :- Dr. Arun Srivastav Counsel for Opposite Party :- G.A.

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Hon'ble Krishna Pratap Singh,J.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

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It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Learned counsel for the applicant further submits that applicant has been assigned the role of catching hold. He also submits that similarly placed co-accused Daya Ram has been granted bail by another Bench of this Court in Criminal Misc Bail Application No. 38145 of 2018 vide order dated 8.10.2018 and that the role of the applicant is distinguishable from co-accused Ajay, who was assigned the role of firing. The applicant is languishing in jail since 04.6.2018. He does not have any criminal history to his credit. In case the applicant is released on bail he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.

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Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Bharat Shah alias Bharat, involved in case crime No. 301 of 2018, under Sections 302 and 504 IPC, PS Prem Nagar, district Bareilly, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the

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prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 3.12.2018 Ishrat

Bharat Shah @ Bharat v. State of U.P.

Case brief

What is this about?

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Bharat Shah @ Bharat v. State of U.P.

Case brief

What is this about?

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