Allowed

Shaukeen v. State of U.P.

Allahabad HC16 Jan 2018BAIL/50792/2017

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant Shaukeen in a case under Sections 307, 504, and 506 IPC, relying on the parity principle after noting that a co-accused had been released on bail. Available evidence satisfied the court prima facie.

What did the court decide?

Applicant Shaukeen released on bail by furnishing personal bonds with two sureties each, subject to conditions regarding tampering with evidence and appearance in court.

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

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50792 of 2017

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Applicant :- Shaukeen Opposite Party :- State Of U.P. Counsel for Applicant :- Varun Dev Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Varun Dev Sharma, learned counsel for the applicant and Ms. Poonam Singh Sengar, 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 coaccused Dildar has been granted bail by another Bench of this Court on 15.12.2016 in Criminal Misc. Bail Application No.43759 of 2016, a copy of said order has been annexed as annexure-5 to the affidavit accompanying this bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 29.6.2016.

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Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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Considering the nature of accusation and the severity 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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Let the applicant Shaukeen involved in Case Crime No.191 of 2016, under Sections 307, 504, 506 I.P.C. Police Station Kithor, District Meerut be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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

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

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(iii) The applicant will appear before the trial Court on the date fixed.

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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 court below shall be at liberty to cancel the bail.

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Order Date :- 16.1.2018 Dev/-

Shaukeen v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shaukeen v. State of U.P.

Case brief

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