Allowed

Chhotu @ Shamsad v. State of U.P.

Allahabad HC4 Apr 2019BAIL/11489/2019

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. The High Court, without expressing an opinion on the merits, granted bail to the applicant on the ground of parity with a co-accused already released, imposing standard conditions.

What did the court decide?

Released on bail subject to personal bond and two sureties, along with conditions to co-operate with the trial and not tamper with evidence.

Chhotu @ Shamsad Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11489 of 2019 Applicant :- Chhotu @ Shamsad Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Ayub Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Mohd. Ayub, learned counsel for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.

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It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It has been contended by the learned counsel for the applicant that co-accused Mohd. Shahjade, having similar role has been granted bail by this Court on 13.2.2019, in Crl. Misc. Bail Application No. 6258 of 2019, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in paragraph 8 of the affidavit filed in support of bail application. The applicant is in jail since 24.9.2018.

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Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused has been granted bail.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, I find it to be a case of bail.

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Let applicant Chhotu @ Shamsad, be released on bail in Case Crime No. 168 of 2018, under Sections 3/5/25 of Arms Act, Police StationKhakhraru, District- Fatehpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 4.4.2019 ssm

Chhotu @ Shamsad v. State of U.P.

Case brief

What is this about?

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Chhotu @ Shamsad v. State of U.P.

Case brief

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