Allowed

Shahid Alias Chhati Fata v. State of U.P.

Allahabad HC15 Mar 2018BAIL/9861/2018

Case brief

AI extract

What is this about?

Hon'ble Justice Vivek Kumar Singh granted bail to the applicant who was falsely implicated in a murder case. The court observed that co-accused had already been released and noted the severity of the charge.

What did the court decide?

The applicant Shahid alias Chhatti Fata involved in Case Crime No. 444 of 2016 under Sections 395, 412 I.P.C. be released on bail on furnishing a personal bond with two sureties.

Shahid Alias Chhati Fata 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. - 9861 of 2018

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Applicant :- Shahid Alias Chhati Fata Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Pankaj Bharti, learned counsel for the applicant and Sri Abhinav Prasad learned A.G.A. appearing for the State and perused the record.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. It is next contended that the the applicant was not named in FIR. His name has falsely been implicated by the police. The FIR was lodged against three unknown persons while according to the alleged confessional statement of the accused persons, five persons have been involved in the present case even then the applicant was not put up for test identification. Nothing has been recovered from the possession of the applicant or at his pointing out. There is no independent witness of the alleged recovery. The criminal history of the applicant has been explained in paragraph 17 of the affidavit filed in support of bail application.

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It is next contended that other co-accused persons namely Zakir, Shaukeen Mulla, Azmat and Sajid have been released on bail by another bench of this Court vide orders dated 8.9.2017, 3.10.2017, 7.10.2017 and 1.11.2017 passed in Criminal Misc. Bail application Nos. 28406 of 2017, 34193 of 2017, 37514 of 2017 and 41645 of 2017, copies of the orders are annexed as Annexure-7 to the affidavit filed in support of bail application. It has also been submitted that the applicant is languishing in jail since 30.6.2017.

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

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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, 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

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applicant Shahid alias Chhatti Fata involved in Case Crime No. 444 of 2016, under sections 395, 412 I.P.C., Police Station Civil Lines, District Muzaffar Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned 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 release.

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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 :- 15.3.2018 Su

Shahid Alias Chhati Fata v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shahid Alias Chhati Fata v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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