Allowed

Shobi @ Azam v. State of U.P.

Allahabad HC2 Dec 2019BAIL/51332/2019

Case brief

AI extract

What is this about?

In a bail application under Sections 147, 148, 149, 302, 307, and 120-B IPC, the Court, noting that the applicant was acquitted in the earlier 2015 trial and has limited criminal history, allows bail with stringent conditions to prevent tampering with evidence and ensure attendance.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two reliable sureties, subject to conditions regarding witness protection and court attendance.

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51332 of 2019

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Applicant :- Shobi @ Azam Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.

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Hon'ble Yashwant Varma,J.

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Heard learned counsel for the applicant; Sri Vikas Sahai learned AGA for the State and perused the record.

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The present bail application has been filed by the applicant in case crime No.976 of 2015, under Sections 147, 148,149,302,307,120-B I.P.C., police station Kotwali Nagar, District- Muzaffar Nagar with the prayer to enlarge him on bail.

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For the purposes of evaluating the prayer for grant of bail, the Court notes that the three eye witnesses in their 161 statements had ascribed the role of firing to Arshad and Nawab. P.W.-1 in his examination during trial has reiterated that position. Both Nawab and Arshad have been enlarged on bail as per the details set forth in paragraph-13 of the application. Insofar as the criminal history is concerned, as per the averments made in paragraph-15 and which are not disputed by the learned A.G.A., the cases in 2011 were registered simultaneously upon the applicant being taken into custody. The Gangsters Act was also invoked in respect of those cases. In all those cases, the applicant contends that he was wrongly implicated and has been enlarged on bail. The 2014 crime is explained with the assertion that the applicant was neither named in that case nor ultimately charge-sheeted. In the 2015 crimes, he has ultimately been acquitted by the Sessions Court. Bearing the aforesaid facts in mind coupled with the fact that the applicant has been in jail since 09 July 2015, the Court is of the view that the applicant is

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entitled to be released on bail.

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It has been submitted that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.

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Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Let the applicant Shobi @ Azam be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the

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Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present, in person, before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 2.12.2019 faraz

Shobi @ Azam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shobi @ Azam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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