Allowed

Shekhar v. State of U.P.

Allahabad HC17 May 2019BAIL/18839/2019

Case brief

AI extract

What is this about?

This single-judge criminal miscellaneous bail application allowed the applicant Shekhar to be released on bail in a theft case under Sections 411 and 414 IPC, subject to furnishing a personal bond and two sureties. The court imposed standard conditions and noted that another co-accused had already been granted bail.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties in the like amount subject to conditions.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18839 of 2019

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Applicant :- Shekhar Opposite Party :- State Of U.P. Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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By means of this application, the applicant Shekhar, who is involved in Case Crime No. 161 of 2019, under Sections 411, 414 I.P.C., P.S. Hariparwat, District Agra, is seeking enlargement on bail.

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It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number with accusation of having a pistol alleged to be stolen in another offence of theft; the accusation against present accused-applicant is triable by Magistrate- Ist Class with a maximum punishment of three years; accused-applicant is of no criminal antecedents. Co-accused Ikram @ Don @ Rijwan with same degree of accusation has been enlarged on bail by this court vide order dated 7.5.2019 passed in Criminal Misc. Bail Application No. 19310 of 2019. hence bail has been prayed for.

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Learned A.G.A. vehemently opposed the prayer for bail, but cold not dispute the above factual aspect.

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Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.

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Let the applicant Shekhar, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 17.5.2019 Pcl

Shekhar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shekhar v. State of U.P.

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

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