Allowed

Shabbu v. State of U.P.

Allahabad HC5 Mar 2019BAIL/9299/2019

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant Shabbu in a murder and related IPC offences case. The court held it was a fit case for bail considering the applicant's lack of criminal history and the bail grant to a co-accused, subject to strict conditions.

What did the court decide?

Application allowed; applicant released on bail on furnishing personal bond and two sureties each in the like amount, subject to conditions not to tamper with evidence or intimidate witnesses.

Shabbu Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9299 of 2019

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Applicant :- Shabbu Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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It is submitted by learned counsel for the applicant that applicant was not named in the F.I.R. Vide order dated 22.8.2016 four accused persons namely, Shahjaman, Sarfaraj, Shahjafar and Sabbu were summoned under Section 319 Cr.P.C. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. There is no legal evidence against the applicant. He is languishing in jail since 3.1.2019 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Coaccused namely Shahjafar has already been granted bail by co-ordinate Bench of this Court, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Shabbu involved in S.T. No. 494 of 2016 arising out of Case Crime No. 316 of 2014, under Sections 302, 452, 504, 506 IPC, Police Station Kotwali Dehat, District Bulandshahr be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the

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prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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

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Order Date :- 5.3.2019

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A. Singh

Shabbu v. State of U.P.

Case brief

What is this about?

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Shabbu v. State of U.P.

Case brief

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