Allowed

Shaukeen v. State of U.P.

Allahabad HC3 Jan 2019BAIL/41826/2018

Case brief

AI extract

What is this about?

Single-judge court allowed bail in a criminal miscellaneous application filed under Section 420 IPC, holding the applicant entitled to release based on the nature of accusation, absence of criminal history, and reasonable apprehension of tampering notwithstanding non-merits opinion.

What did the court decide?

Released on bail by executing a personal bond and furnishing two sureties in like amount.

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

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41826 of 2018

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Applicant :- Shaukeen Opposite Party :- State Of U.P. Counsel for Applicant :- Mukhtar Alam Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is said to have absconded from the spot after sighting the police. Co-accused Shiv Singh has already been admitted to bail by this Court vide order dated 08.08.2012 in Criminal Misc. Bail Application No.8936 of 2012, copy whereof has been annexed as annexure no.3 to the affidavit filed in support of this bail application. There is no possibility of absconding or misusing the liberty of bail in case the applicant is admitted to bail. Offence alleged is triable by the Magistrate Ist Class. The applicant does not bear any criminal history and is languishing in jail since 28.08.2018.

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Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.

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Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.

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Let the applicant Shaukeen involved in Case Crime No.78 of 2012, under Section 420 I.P.C., Police Station Barsana, District Mathura be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 3.1.2019

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Shaukeen v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shaukeen v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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