In a criminal bail application, the High Court of Judicature at Allahabad, without expressing an opinion on the merits, granted bail to the applicant, Shahzeb, under Sections 307, 323, 384, 427, 452, 504, and 506 IPC, subject to standard conditions.
Released on bail by furnishing a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20017 of 2020
Applicant :- Shahzeb Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Faiz,Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant through video conferencing, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The F.I.R. of the alleged incident has been lodged with delay of 13 hours without any satisfactory explanation. In the first information report the role of causing injury to the injured has been assigned to the applicant with knife. As per injury report 4 injuries have been found on the person of injured. Injury no. 1 is abraded contusion over front left and back of neck. Injury no. 2 is incised wound over outer aspect of left shoulder and injury no. 3 is multiple contusion and injury no. 4 is complain of chest pain. It has been further submitted that injury no. 2 which is incised wound is not on vital part of injured. There is no eternal damage. False story has been concocted by the complainant. Real fact is that on 4.9.2019 in the evening the applicant and his father had gone to restaurant of complainant to take dinner where the complainant looted motorcycle of father of applicant. Some dispute took place in between the applicant and his father with complainant and waiter due to that dispute the complainant had lodged this false and frivolous F.I.R. against the applicant and his family members. No such incident has taken place. The co-accused Mohammad Gyas has already been released on bail by another bench of this court vide order dated 16.4.2020 in Cr. Misc. Bail Application No. 11593 of 2020, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is languishing in jail since 5.5.2020.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Shahzeb involved in Case Crime No.0323 of 2019, under Section 307, 323, 384, 427, 452, 504, 506 IPC Police Station Hayat Nagar District Sambhal 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 with the following conditions;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 21.8.2020 Gss
Digitally signed by Justice Bachchoo Lal Date: 2020.08.21 13:24:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail under the given circumstances.
Whether the FIR being lodged with a delay of 13 hours justifies granting bail.
Shahzeb
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
