Allowed

Shahrukh @ Bhura v. State of U.P.

Allahabad HC26 Nov 2020BAIL/38695/2020

Case brief

AI extract

What is this about?

This bail application concerns an applicant accused of murder. The High Court granted bail on grounds of parity with co-accused already admitted to bail, without expressing an opinion on merits, imposing standard conditions.

What did the court decide?

Release on bail on personal bond and two sureties subject to conditions not to tamper with evidence or witnesses and to appear in court.

Shahrukh @ Bhura Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38695 of 2020

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Applicant :- Shahrukh @ Bhura Opposite Party :- State of U.P. Counsel for Applicant :- Ankur Varshney, Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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This is a bail application on behalf of the applicant Shahrukh @ Bhura in connection with Case Crime No.77 of 2020, under Section 302 I.P.C., P.S. Ramraj, district Muzaffar Nagar.

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The first information report of this incident was lodged by the complainant on 27.06.2020, after two days of the alleged incident against the four named accused persons. It was further alleged in the first information report that his son was found hanging in the intervening night of 24/25.06.2020 in the gher of Rahul Kamboj.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the co-accused Firoz @ Chhote, Mohsin @ Kala @ Chilam and Shahan Ali have been admitted to the concession of bail by this Court and by another Bench of this Court by orders dated 19.11.2020, 19.11.2020 and 18.11.2020 passed in Criminal Misc. Bail Application Nos. 39137 of 2020 (Firoz @ Chhote), 38823 of 2020 (Mohsin @ Kala @ Chilam and 38060 of 2020 (Shahan Ali), copy whereof have been provided by learned counsel for the applicant, which have been place on record and the role assigned to the applicant is similar to the role of the other co-accused, who have already been enlarged on bail. He claims parity. He submitted that the applicant is languishing in jail since 27.06.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the aforesaid co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Shahrukh @ Bhura involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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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Order Date :- 26.11.2020 R./

Shahrukh @ Bhura v. State of U.P.

Case brief

What is this about?

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Shahrukh @ Bhura v. State of U.P.

Case brief

What is this about?

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