Allowed

Shubham and 02 Others v. State of U.P.

Allahabad HC21 Aug 2020BAIL/22754/2020

Case brief

AI extract

What is this about?

This court granted interim bail to the applicant in a criminal case under Section 307 IPC. The judgment notes allegations were based on news and social media with no eyewitnesses. The court observed it is a fit case for bail and released the applicants on personal bond conditioned against tampering with evidence or witnesses.

What did the court decide?

The applicants were released on bail by furnishing a personal bond and two sureties each in the like amount, subject to conditions against tampering with evidence and witnesses.

Shubham and 02 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22754 of 2020

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Applicant :- Shubham And 02 Others Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicants through video conferencing, learned AGA for the State and perused the record.

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Learned counsel for the applicants submits that the F.I.R. of the alleged incident has been lodged by S.I. Sri Parvendra Singh after two days of the alleged incident on the basis of T.V. news and social media. In this incident no one has sustained injury. The allegation against the applicants is that the applicants were opening fire from their roof. There is no cogent evidence to connect the applicants with the alleged offence. No such incident has taken place. There is no independent witness of the alleged occurrence. The complainant is not eye witness of the alleged occurrence. The applicants have not committed the alleged offence. There is no criminal history of the applicants and they are in jail since 13.3.2020.

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Per contra, learned AGA opposed the prayer for bail.

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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.

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Let the applicants Shubham, Satyam and Jonu involved in Crime No. 044 of 2020, under Section 307 IPC Police Station Hastinapur District Meerut be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicants will not tamper with the evidences.

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The applicants will not pressurize/intimidate the prosecution witnesses and they will cooperate with the trial.

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The applicants will appear on each and every date fixed by

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the trial court unless personal appearance is exempted by the court concerned.

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

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Order Date :- 21.8.2020 Gss

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Digitally signed by Justice Bachchoo Lal Date: 2020.08.21 13:24:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Shubham and 02 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shubham and 02 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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