Allowed

Shaukat @ Moni v. State of U.P.

Allahabad HC6 Aug 2019BAIL/29029/2019

Case brief

AI extract

What is this about?

Court allowed bail application for applicant Shaukat @ Moni charged under Sections 392, 411 IPC. Court found fit case for bail without expressing opinion on merits, subject to sureties and conditions regarding tampering, witness harassment, and absence from trial.

What did the court decide?

Allowed bail with personal bond and two sureties in like amount subject to conditions preventing tampering, witness intimidation and securing attendance at trial.

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

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29029 of 2019

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Applicant :- Shaukat @ Moni Opposite Party :- State Of U.P. Counsel for Applicant :- Kaushal Kumar Pandey, Anand Ji Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Shaukat @ Moni in connection with Case Crime No.348 of 2019, under Sections 392, 411 I.P.C., P.S. Lisarigate District Meerut.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was not named in the first information report. He submitted that the alleged recovery shown from the applicant is totally fake and false and no identification parade was conducted by the police to ascertain the real culprits. He submitted that the previous criminal history of the applicant has been properly explained. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 18.05.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Shaukat @ Moni involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 6.8.2019R./

Shaukat @ Moni v. State of U.P.

Case brief

What is this about?

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Shaukat @ Moni v. State of U.P.

Case brief

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