Single bench allowed bail to applicant Shahzad held innocent in offences under Sections 420, 406, 120-B I.P.C. considering no criminal history, jail tenure, and Corona guidelines, subject to standard conditions and service bond.
Released on bail by personal bond and two sureties subject to court being functional, with standard conditions.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1678 of 2020
Applicant :- Shahzad Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. .
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case; that a sum of Rs.1,24,00,000/- in respect of security amount has been taken by the co-accused - Irshad and not by the applicant and the role of the applicant is only to cooperate with Irshad; It is lastly contended that the accused applicant is languishing in jail since 26.11.2019 having no criminal history and in the wake of Novel Corona Virus, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Shahzad, who is involved in Case Crime No. 172 of 2019, under Sections 420, 406, 120-B I.P.C, Police Station- Gagalhedi , District- Saharanpur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be
verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.8.2020 Atul kr. sri.
1 issue framed by the court
Whether the applicant is entitled to bail considering his innocence, role in the conspiracy, jail tenure, and pandemic conditions.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶8
(2018)3 SCC 22 · Who else cites this
2 provisions across 2 enactments
Shahzad
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
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