Allowed

Sharuf Khan v. State of U.P.

Allahabad HC5 Jul 2019BAIL/10572/2019

Case brief

AI extract

What is this about?

Court allowed bail to Sharuf Khan under Section 439 Cr.P.C. in a murder and abetment case after noting that co-accused were released on bail by coordinate benches, finding him a fit case despite earlier rejection.

What did the court decide?

Relief granted: applicant released on bail on furnishing personal bond and two sureties with conditions to not tamper with evidence, cooperate in trial, and refrain from criminal activity.

Sharuf Khan Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10572 of 2019

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Applicant :- Sharuf Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Shishir Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Shishir Kumar tiwari, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.

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This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 278 of 2017 under Sections 302, 201, 394, 404, 411 and 120-B I.P.C., P.S. Jewar, District Gautam Buddh Nagar.

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It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; this is second bail application filed by learned counsel for the applicant; after rejection of the first bail application of the applicant, the other co-accused i.e. Jafar Ahmad @ Jafru @ Jafruddin and Gaffar have been granted bail by Coordinate Benches of this Court on 20.12.2018 in Criminal Misc. Bail Application No. 43367 of 2018 and on 30.01.2019 in Criminal Misc. Bail Application No. 4327 of 2018 annexed at page nos. 31 to 34 respectively. Learned counsel further states that his case is similar to the case of other co-accused who have been granted bail, hence, his bail should be allowed. The accused applicant is in jail since 23.06.2017; if the accused is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.

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Looking to fact that bail of the co-accused have been granted subsequently after the rejection of the bail application of the present applicant, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.

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Let the applicant Sharuf Khan involved in aforesaid crime 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 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.

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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 :- 5.7.2019 A. Mandhani

Sharuf Khan v. State of U.P.

Case brief

What is this about?

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Sharuf Khan v. State of U.P.

Case brief

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