Shakeel v. State of U.P.
Case brief
What is this about?
This joint order granted bail to two applicants in a kidnapping FIR. The court found it a fit case for bail considering co-accused bail and severity of punishment, subject to standard conditions and personal bonds.
What did the court decide?
Both applicants released on bail upon furnishing personal bond and two sureties each, subject to four standard conditions including abstaining from unlawful activities and ensuring surety verification
What the court decided
Court No. - 40
Case :- CRIMINAL MISC. BAIL APPLICATION No.-2922 of 2019
Applicant :- Shakeel Opposite Party :- State Of U.P. Counsel for Applicant :- Piyush Tripathi Counsel for Opposite Party :- G.A. and
Case:- CRIMINAL MISC. BAIL APPLICATION No.-49221 of 2018
Applicant :- Satish Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Satya Dheer Singh Jadaun,Bipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Both the bail applications have arisen out of one and same Case Crime No.281 of 2018 under Section 364-A and are being decided by a common order.
Heard Shri Piyush Tripathi learned counsel for applicant Shakeel in Bail Application No.2922 of 2019 and Shri Bipin Kumar learned counsel for applicant Satish Yadav in Bail Application No.49221 of 2018, learned A.G.A. and perused the record.
Shri Piyush Tripathi learned counsel for applicant Shakeel contended that applicant is not named in F.I.R. and has been falsely implicated being driver of vehicle in question by which kidnapped person Rahul was carried from one place to another by main accused Satyapal; that as per averments made in F.I.R. Rahul was called by co-accused Satyapal who taken him by his Scooty and was detained with demand of ransom for Rs.50.00 lakhs; that applicant had no knowledge of Rahul being a kidnapped person and has not committed any offence; that applicant is an innocent driver; that case of applicant is distinguishable from main accused Satyapal and others; that applicant has no previous criminal history and has been subsequently falsely implicated in a case under Section 307 IPC police party no
Issues for consideration
2 issues framed by the court
Whether both applicants are fit cases for grant of bail given the severity of kidnapping charge and co-accused bail.
Assessment of totality of facts, circumstances, and complicity of accused without commenting on merits.
Parties & counsel
- applicant
Shakeel
- applicant
Satish Yadav
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/2922/2019
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