Allowed

Shahnawaj @ Shanna v. State of U.P.

Allahabad HC10 Nov 2020BAIL/22387/2020

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a criminal case involving alleged theft. Recognizing allegations of false implication and the applicant's long criminal history, the court releases him on a personal bond with conditions to cooperate in the trial and not commit further crimes.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties (or bond only until normal court functioning is restored) subject to specific conditions.

Shahnawaj @ Shanna Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22387 of 2020

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Applicant :- Shahnawaj @ Shanna Opposite Party :- State of U.P. Counsel for Applicant :- Amit Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Counter affidavit has been filed by learned AGA, which is taken on record.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Shahnawaj @ Shanna, with a prayer to release him on bail in Case Crime No. 115 of 2019, under Sections 392, 411 IPC, Police Station Kotwali, District- Bareilly, during pendency of trial.

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There is allegation in the FIR against two unknown persons that they robbed earrings of the informant, when she was going to morning walk.

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Learned counsel for the applicant has submitted that it is a case of false implication. The applicant was not named in the FIR. He has criminal history of 28 cases. On the account of long criminal history of the applicant in similar matters, he has been falsely implicated in present case. He is in jail since 24.2.2019.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Having considered the material on record, 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, let the applicant involved in the aforesaid crime 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 that :-

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The applicant shall not tamper with the prosecution

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evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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

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Order Date :- 10.11.2020 Ruchi Agrahari

Shahnawaj @ Shanna v. State of U.P.

Case brief

What is this about?

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Shahnawaj @ Shanna v. State of U.P.

Case brief

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