Allowed

Shafiq v. State of U.P.

Allahabad HC14 Feb 2019BAIL/5330/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 5330 of 2019, the court released the applicant on bail in a case involving Sections 147, 148, 149, 307, 302, 211, 120-B, and 34 IPC, subject to conditions including cooperation with trial and maintenance of good conduct.

What did the court decide?

Released on bail under Sections 147, 148, 149, 307, 302, 211, 120-B, 34 IPC on furnishing personal bond and two sureties each.

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

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5330 of 2019

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Applicant :- Shafiq Opposite Party :- State Of U.P. Counsel for Applicant :- Gurfan Ali Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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Sri Jagdish Prasad Mishra, Advocate submits that he has filed vakalatnama on behalf of first informant in Registry on 11.2.2019, which is not on record.

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Office is directed to trace out the same and place it on record.

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Heard Sri Gurfan Ali, learned counsel for applicant, Sri Jagdish Prasad Mishra, learned counsel for first informant, learned A.G.A. and perused the record.

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Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged by Intezar, his nephew Rizwan was going to bring some articles when applicant and 10 others were committing firing and on his way, Abbas fired at head of Rizwan, who succumbed to injuries; that no specific role has been assigned to applicant; that applicant has explained his criminal history in para 2 of supplementary affidavit; that applicant is not a previous convict; that co-accused Rahess and Arif have been granted bail by this Court vide orders dated 5.2.2019 and 6.2.2019 passed in Criminal Misc. Bail Application Nos.4874 of 2019 and 5164 of 2019, copies of which have been produced for perusal and taken on record; that case of applicant is distinguishable from Abbas; that applicant had no motive to cause death of deceased; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 17.10.2018.

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Learned A.G.A. and learned counsel for first informant vehemently opposed the prayer of bail.

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Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant Shafiq be released on bail in Case Crime No.181 of 2018, under Sections 147, 148, 149, 307, 302, 211,

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120-B,34 IPC, P.S.Jarcha, District Gautam Budh Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 14.2.2019 Tamang

Shafiq v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shafiq v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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