Allowed

Sher Singh @ Shera Nai v. State of U.P.

Allahabad HC31 Jul 2019BAIL/6515/2019

Case brief

AI extract

What is this about?

The court granted bail to the applicant, who was charged with attempted murder and grievous hurt, relying on the larger mandate of Article 21 and a Supreme Court decision, without expressing an opinion on the merits of the case.

What did the court decide?

The applicant is released on bail by furnishing a personal bond with two sureties, subject to standard conditions regarding attendance, non-tampering with witnesses, and no illegal activities.

Sher Singh @ Shera Nai 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. - 6515 of 2019

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Applicant :- Sher Singh @ Shera Nai Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Ashok Kumar Singh, learned counsel for the applicant and learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that due to harassment the concerned police has planted a false encounter and recovery. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 4.9.2018. It has been pointed out that the criminal history of the applicant has been duly explained in paragraph no.8 of the affidavit accompanying the bail application.

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Learned A.G.A. opposed the prayer for bail.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 3 SCC 22 and without

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expressing any view on the merit of the case, I find it to be a case of bail.

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Without expressing any opinion on the merits of the case let the applicant Sher Singh @ Shera Nai involved in Case Crime No.159 of 2018 under Section302, 201, 394 I.P.C., Police Station Madrak, District Aligarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 31.7.2019 Rk

Sher Singh @ Shera Nai v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sher Singh @ Shera Nai v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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