Allowed

Suaib Alias Suhaib Alias Devo Alias Bravo v. State of U.P.

Allahabad HC3 May 2019BAIL/18889/2019

Case brief

AI extract

What is this about?

This court countered arguments opposing a bail application for an applicant charged under Sections 147, 148, 149, 307 IPC. Relying on precedents, the court granted bail conditioned on furnishing a personal bond and two sureties, prohibiting the applicant from tampering with witnesses or committing further crimes.

What did the court decide?

Release on bail with personal bond and two sureties, subject to conditions regarding witness tampering, trial cooperation, and no further criminal activity.

Suaib Alias Suhaib Alias Devo Alias Bravo Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18889 of 2019

¶3

Applicant :- Suaib Alias Suhaib Alias Devo Alias Bravo Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

Heard Sri Syed Shahnawaz Shah, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.

¶6

The instant bail application has been filed on behalf of the applicant, Suaib Alias Suhaib Alias Devo Alias Bravo with a prayer to release him on bail in Case Crime No. 235 of 2019, under Sections 147, 148, 149, 307 I.P.C., Police StationLisari Gate, District- Meerut , during pendency of trial.

¶7

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The F.I.R. has been lodged against five named and 2-3 unknown persons stating therein that on 19.03.2019 at 10:30 p.m., the informant was returning from the market, two groups were engaged in firing against each other and on intervention of the injured, one of the persons fired upon him due to which he sustained injuries on his right leg. It is next submitted that the injury sustained by the injured is on non vital part of the body. It is next submitted that there is no motive of the applicant to cause injury to the injured. The applicant is languishing in jail since 23.03.2019. The applicant does not have any previous criminal history. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.

¶8

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶9

Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State

¶10

of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the 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 :-

¶11

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶12

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶13

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶14

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶15

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶16

Order Date :- 3.5.2019 JK Yadav

Suaib Alias Suhaib Alias Devo Alias Bravo v. State of U.P.

Case brief

What is this about?

What did the court decide?

Suaib Alias Suhaib Alias Devo Alias Bravo 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Harpal Singh Vs State of U.P.

Sani Vs State of U.P.

Umesh Vs State of U.P.

Kuldeep Vs State of U.P.

Satendra Singh and 2 Others Vs State of U.P.

Vikas Maurya Vs State of U.P.