Allowed

Shama v. State of U.P. and Another

Allahabad HC17 Jul 2018CRLA/2001/2018

Case brief

AI extract

What is this about?

Criminal Appeal filed against rejection of bail under IPC and SC/ST Prevention of Atrocities Act. Court allowed appeal, set aside impugned order, and granted bail subject to bonding and conditions regarding evidence tampering and witness intimidation.

What did the court decide?

Impugned order rejecting bail set aside; Appellant released on bail with personal bond and two sureties subject to standard conditions of release.

Shama Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2018)

¶1

Court No. - 41

¶2

Case :- CRIMINAL APPEAL No. - 2001 of 2018

¶3

Appellant :- Shama Respondent :- State Of U.P. And Another Counsel for Appellant :- Harish Chandra Yadav,Mohd. Samiuzzaman Khan

¶4

Counsel for Respondent :- G.A.

¶5

Hon'ble Aniruddha Singh,J.

¶6

Counter affidavit filed by learned A.G.A. is taken on record.

¶7

According to office report dated 22.6.2018 notice has been served on opposite party no. 2-Smt. Shivrani, but no one is present on her behalf.

¶8

Heard Mohd. Samiuzzaman Khan,learned counsel for the appellant and learned AGA for the State and perused the record.

¶9

This criminal appeal has been filed against order dated 30.03.2018 passed by Special Judg, SC/ST (P & A) Act/A.D.J., Fatehpur in Bail Application No.559 of 2018 arising out of Case Crime No. 132 of 2017, under Sections 323, 504, 506, 325 and 308 IPC and Section 3(1) TH/DH, SC/ST (P & A) Act, Police Station Jafarganj, District Fatehpur whereby bail application of appellant was rejected.

¶10

According to the prosecution case F.I.R. was lodged on 25.8.2017 after three days of the incident alleging that on 22.8.2017 Taggi, Aapil, Shapil and Sama had assaulted Smt. Shivrani-complainant by lathi, danda and fists. She received one injury on stomach and seven ribs were found fractured.

¶11

Learned counsel for the appellant submitted that co-accused-Taggi, Aapil and Shapil have been enlarged on bail by the court below, he has been falsely implicated; general role has been assigned to all the co-accused; it is not clear who is the author of the injury; he is languishing in jail since 22.3.2018 (about four months); having no criminal history; there is no independent witness and if he is enlarged on bail, he will not misuse the liberty of bail or tamper with the evidence. He further submits that there is no likelihood of appeal being heard in near future.

¶12

Learned AGA and learned counsel for the complainant opposed the prayer for bail but admitted that the appellant has no criminal history.

¶13

For the foregoing discussions, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the appellant has made out a case for bail. The appeal is allowed. Impugned order dated 30.03.2018 rejecting bail of appellant is hereby set aside.

¶14

Let appellant Shama involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

¶15

The appellant will not tamper with the evidence during the trial.

¶16

2.The appellant will not pressurize/ intimidate the prosecution witness.

¶17

3.The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶18

4.The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

¶19

5.The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶20

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

¶21

Office is directed to send the lower court record to the concerned court immediately, if it has been received.

¶22

Order Date :- 17.7.2018 OP

Shama v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shama v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sakir Vs State of U.P.

Munna and Another Vs State of U.P.

Sonu and Another Vs State of U.P. and Another

Shri Kant Singh Vs State of U.P. and Others

Sadiq Ali Vs Xvi A.D.J. and Others

Usman and Another Vs State of U.P.