Shakeel Ahmad Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Shakeel Ahmad Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Shakeel Ahmad to be released on bail in Case Crime No. 444 of 2019, Police Station Nehtaur, District Bijnor, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions of attending and co-operating with the trial, not tampering with witnesses, and not indulging in illegal activities during the bail period.

Issue for consideration

Whether applicant Shakeel Ahmad, accused in Case Crime No. 444 of 2019 (PS Nehtaur, District Bijnor), is entitled to be released on bail.

Court's answer

Considering the nature of accusation, severity of punishment, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, the mandate of Article 21, and the dictum of the Apex Court in Dataram Singh v. State of U.P., and noting that the co-accused had been granted bail (a fact not disputed by the State), the court found it to be a case of bail without expressing any opinion on the merits.

Ratio / Principle

Applicant Shakeel Ahmad was directed to be released on bail in Case Crime No. 444 of 2019 on furnishing a personal bond and two sureties each in the like amount, subject to conditions: attendance at and co-operation with trial proceedings, non-tampering with witnesses, and abstention from illegal activities during the bail period; breach to be a ground for cancellation.

Key takeaways

The observations made in the order are strictly confined to the disposal of the bail application and must not be construed as a reflection on the ultimate merits of the case.obiter¶15

Detailed headnote1 paragraphs

Bail granted — Allahabad High Court (Vivek Kumar Singh, J.), by order dated 9.9.2020 in Criminal Misc. Bail Application No. 12419 of 2020, allowed the application of Shakeel Ahmad, in jail since 20.12.2019 and having no criminal history, in Case Crime No. 444 of 2019, Police Station Nehtaur, District Bijnor, under Sections 147, 148, 149, 188, 307, 332, 333, 336, 353, 395, 427, 504, 506, 34, 151, 152, 186, 397, 436, 440 IPC and Section 7 of the Criminal Law Amendment Act. Considering the nature of accusation, severity of punishment, supporting evidence, prima facie satisfaction of the charge, reformative theory, Article 21 mandate, and the dictum of the Apex Court in Dataram Singh v. State of U.P., (2018) 2 SCC 22, and noting parity with co-accused Saleem Ahmad (granted bail by order dated 13.07.2020 in Bail Application No. 12561 of 2020, a fact not disputed by the State), the court, without expressing any opinion on the merits, directed release on a personal bond and two sureties each in the like amount, subject to conditions of attending trial, not tampering with witnesses and refraining from illegal activities; observations were expressly confined to the disposal of the bail application.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12419 of 2020

Applicant :- Shakeel Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia,Deepak Kumar,Dhirendra Kumar Srivastava,Rajeev Sawhney Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA -I, appearing for the State and perused the material brought on record.

It is contended that applicant is innocent and has been falsely implicated in the present case. It is next contended that co-accused namely Saleem Ahmad has been granted bail by the order dated 13.07.2020 passed in Criminal Misc. Bail Application No. 12561 of 2020, a copy of the said order has been produced by learned counsel on behalf of applicant, which is taken on record. The applicant has no criminal history. The applicant is in jail since 20.12.2019.

Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused person has been granted bail.

Having heard the submissions of learned counsel of both sides, considering nature of accusation, the severity of punishment in case of conviction, the nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

Let applicant- Shakeel Ahmad be released on bail in Case Crime No. 444 of 2019, under Sections- 147, 148, 149, 188, 307, 332, 333, 336, 353, 395,

427, 504, 506, 34, 151, 152, 186, 397, 436, 440 IPC and Section 7 of Criminal Law Amendment Act, Police Station- Nehtaur, District- Bijnor, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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

He will not tamper with the witnesses.

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

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

Order Date :- 9.9.2020 Arti