Allowed

Shamshad v. State of U.P.

Allahabad HC19 Oct 2020BAIL/31333/2020

Case brief

AI extract

What is this about?

In this bail application under Crl. Misc. No. 31333 of 2020, the Court granted bail to Shamshad, who was charged with offences under Sections 419, 420, 467, 468, 471, 489, 489-B IPC for recovery of fake currency notes. The Court noted the absence of alleged misuse, lack of public witness in recovery, jail overcrowding due to Corona, and relied on the Apex Court in Dataram Singh.

What did the court decide?

The applicant, Shamshad, involved in Case Crime No. 176 of 2020, was released on bail by furnishing a personal bond and two sureties subject to specified conditions.

Shamshad Vs State of U.P. — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31333 of 2020

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Applicant :- Shamshad Opposite Party :- State of U.P. Counsel for Applicant :- Babu Ram Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Order on the Exemption Application

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Application is allowed.

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Order on the Bail Application

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Heard learned counsel for the applicant and learned A.G.A.

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There is allegation against the applicant that recovery of fake currency notes amounting to Rs. 20,000/- was allegedly made from the applicant.There is no allegation of misuse of alleged currency. Applicant alleges false implication.There is no public witness of the recovery.The applicant is in jail since 12.7.2020. Learned counsel for the applicant has explained criminal history of the applicant in paragraph16 of the affidavit filed in support of the application.

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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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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.

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Let the applicant, Shamshad, who is involved in Case Crime No. 176 of 2020, under Sections 419, 420, 467, 468, 471, 489, 489-B I.P.C, Police Station-Buxa , District- Jaunpur, be released on bail

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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.

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The applicant shall not tamper with the prosecution 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 :- 19.10.2020 Atul kr. sri.

Shamshad v. State of U.P.

Case brief

What is this about?

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Shamshad v. State of U.P.

Case brief

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